beta
(영문) 창원지방법원 마산지원 2014.01.23 2013고단762

절도등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Although the Defendant, who is engaged in a used vehicle sales business, has a duty of care to verify whether the used vehicle was stolen by taking into account the seller’s personal information, status, nature and type of goods, price of the seller, objective connection between the seller and its goods, and the seller’s speech and behavior in purchasing used cars, the Defendant acquired the stolen vehicle by taking the aforementioned flurged vehicle by taking into account the following circumstances: (a) from June 17, 2013 to 18:00, the market price of the F, which was stolen from E from E in the Busan BB CF in the Busan BB complex; (b) neglected the duty of care to purchase the vehicle at KRW 21,00,000,000,000 from June 17, 2013; and (c) neglected to exercise such duty of care to purchase the vehicle at KRW 14 million between E and E.

Summary of Evidence

1. Co-defendant E’s legal statement;

1. Partial statement of the defendant;

1. Examination protocol of co-defendant E by prosecutor;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to F and H;

1. Records of seizure (No. 4 No. 5 of the evidence list), list of seizure (No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, such as the recognition of facts by the defendant as a substitute, appears to repent of his mistake, and the fact that the defendant actively endeavored to recover damage of F. The defendant's age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the commission of the crime, etc., shall be determined as ordered in consideration of various circumstances, which are the conditions for sentencing indicated in the record.