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(영문) 수원지방법원 2017.12.21 2017고정2769

업무상과실장물취득

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 7, 2017, the Defendant purchased the volume of 30 meters from the E-owned market price of 100,000 won, which was the victim E-owned by Defendant D, in Suwon-si B, Suwon-gu, Suwon-si, Suwon-si, Suwon-si. (C) around July 7, 2017.

In such cases, the defendant, who is engaged in the business of purchasing solid goods, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and on the other hand, examining the process of acquisition, motive for sale, and demand the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen water, acquired the stolen water by purchasing at 40,000 won the amount of the above air-conditioning pipe 30 meters per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant D;

1. Application of the Acts and subordinate statutes concerning CCTV images and photographs;

1. Articles 364 and 362 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Punishment to be suspended: 500,000 won per fine;

1. Attraction of a workhouse: 100,000 won per day conversion under Articles 70 (1), 69 (2) and 100,000 won of the Criminal Act;

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the injured person does not want the punishment, the details and degree of leading up to the crime, the fact that the injured person reflects the mistake, and the primary fact that the injured person is the offender);