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(영문) 창원지방법원 마산지원 2015.12.08 2015고단907 (1)

절도등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the wholesale and retail of construction materials under the trade name “D” in Gyeongnam-gun C.

On June 17, 2015, the Defendant purchased three 3,440,000 won (60cm x 120cm x 140, 60cm x 120cm x 16 cm ) and three son.

In such cases, the Defendant, who is engaged in the sales business of construction materials, has a duty of care to verify whether the seller is stolen or not, such as personal information of E, the process of acquiring and selling the above construction materials, ownership relationship, such as whether E is entitled to dispose of the above construction materials, and whether E demands prices suitable for the market prices of heavy and high transaction.

Nevertheless, the Defendant neglected such care and purchased the above construction materials owned by the victim by negligence in the course of business, which were negligent in the determination of stolen goods, with the purchase of stolen goods at KRW 732,00,00, from October 17, 2015, from that time until October 17, 2015, and acquired stolen goods by negligence in the course of business, including acquisition of stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to prosecution and police interrogation protocol regarding E;

1. Relevant Articles 364 and 362(1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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