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(영문) 춘천지방법원강릉지원 2020.10.08 2020고정145

업무상과실장물취득

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who conducts landscape gardening business with the trade name "D" with the location of Gangnam-si B apartment and C, and operates tree tree planting hall in Gangnam-si E and F.

On August 2018, the Defendant received a proposal from G operating a convalescent hospital in the vicinity of the foregoing wedding hall to the effect that “I purchase pine trees that are within the internal management,” and accepted it. On September 2018, 2018, the Defendant purchased KRW 23 glus from the market price owned by the victim J, which is planted in Ha and I, to G.

In such cases, the defendant, who is engaged in the business of purchasing trees, has a duty of care to accurately grasp the ownership relationship of land and pine trees and to verify the details of permission for extracting the land where pine 23gs are planted, by checking the register of land where pine 23gs are planted or verifying the details of permission for extracting the competent authorities, and to check whether it is stolen or not.

Nevertheless, the Defendant, by negligence, neglected the above duty of care and neglected to determine the stolen, acquired stolen property by purchasing KRW 100 million in total, with the belief that the pine trees 23 Glu was owned by G.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspects concerning G;

1. Each police statement to J and K;

1. The charges are denied to the effect that each of the registered matters is fully verified, a certified copy of the cadastral map, a sales contract of trees in cadastral map, a report on investigation into the site (explosion 23 gin), a photographic report (Attachment to the judgment of the first instance court of larceny by the relevant suspect G), a criminal investigation report (Submission of data, etc. for calculation of the amount of damage and hearing of the complainant), a criminal investigation report (Listening to the statement in the currency of a person in charge of the L association), and a defendant of 23 gins of pine trees in the notice price by the Public Procurement Service, not the defendant, but M, so that he