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(영문) 부산지방법원 2017.02.16 2016고정4030

업무상과실장물취득

Text

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

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

Reasons

Punishment of the crime

On August 20, 2016, around 17:00, the Defendant purchased one Nowon-gu, the ownership of E, which was stolen from D, within the “C Computer” store operated by the Defendant in Busan Northern-gu B.

The Defendant had a duty of care to verify whether the goods are stolen by ascertaining the personal information of D in the process of purchasing the above Nowon-gu and indicating the source and motive for sale of the above Nowon-gu, and demanding the price appropriate for transaction prices, etc.

Nevertheless, the defendant purchased the above Nowon-gu in the amount of KRW 150,000 and acquired the stolen goods by negligence, unless he neglected the above care and neglected the judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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