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(영문) 대전지방법원 2014.06.19 2014고단729
업무상과실장물취득
Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, the fine shall be respectively imposed.

Reasons

Punishment of the crime

1. Defendant A, along with wife B in Seo-gu Daejeon Special Metropolitan City, is a person who operates a gold room with wife B, and is engaged in the business of selling and buying high precious metals.

On September 201, 201, the Defendant purchased precious metals, such as gold dives, which he stolen from F, from the F, from the lower patrolman.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the F personal information, etc. of the defendant, while taking into account the details of the acquisition of precious metals, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such duty of care as above, purchased precious metal, such as the gold bar, etc., from the price of KRW 2,000,000 by negligence and neglecting judgment on the stolen goods, and acquired stolen precious metal that FF stolens over ten times in total, as shown in attached Table 1, as shown in attached Table 1.

2. Defendant B is a person who operates a “E” bank as the husband, and is engaged in the sales business of precious metals with the husband.

On October 6, 2011, the Defendant purchased precious metals which he stolen from F from the upper bank.

In such cases, the defendant, who is engaged in sales of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the F personal information, etc. of the defendant, while taking into account the details of the acquisition of precious metals, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above duty of care, purchased precious metal, such as the gold bar, etc., from KRW 1,956,000 by negligence and neglecting the judgment on the stolen goods, and acquired the stolen goods by purchasing KRW 27,605,00 in total on 20 occasions as shown in the attached Table 2 of the Crimes List of Crimes.

Summary of Evidence

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