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(영문) 부산지방법원 2016.10.14 2016고정1349
업무상과실장물보관
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the pawning business with the trade name “D” in Busan Western-gu C.

On October 23, 2015, at around 18:00, the Defendant was requested to lend money as security for approximately KRW 15,500,000 (56.15g) fake 18k (56.15g) in the market price owned by the Victim G, which was the victim G, that was taken by the F from the F from the F, from the Seoul F Center.

In such cases, the defendant, who is engaged in the pawning business, has a duty of care to confirm whether the goods are stolen by properly examining the details of the acquisition of the gold sheet, the motive of the provision of security, and the price of the goods suitable for the transaction price.

Nevertheless, the Defendant neglected to pay such attention and neglected to determine whether the above gold bullion was the stolen goods, but neglected to lend KRW 1.5 million to E, and stored the stolen goods by taking one of the above gold bullion as security.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Protocol of the police statement concerning G;

1. A copy of the lease contract;

1. Books;

1. Registration certificate of credit business;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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