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(영문) 의정부지방법원 2014.08.14 2014고정1075

업무상과실장물취득

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in sales of imported automobiles.

On December 3, 2011, the Defendant purchased one of the EMW 750Li vehicles equivalent to KRW 50 million at the market price of D owned by the victim C, which was stolen from B, in front of the camphouse located in the west-gu, Chungcheongnam-si, Sungnam-si.

In such a case, the defendant, who is engaged in the automobile sales business, has a duty of care to verify whether the vehicle registration certificate, the seller's certificate of personal seal impression, etc. required for the vehicle sales, and the reason for acquisition, the motive for the sale, and the price suitable for the transaction prices, etc. are stolen

Nevertheless, the Defendant neglected the above duty of care and neglected the judgment on the stolen goods, thereby purchasing the above vehicle in KRW 11.5 million.

Ultimately, the Defendant acquired stolen property due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police statement of C, F, and D;

1. Records of seizure, list of seizure and photographs of seized vehicles;

1. Application of the statutes on copies of bankbooks used at the time of purchasing a motor vehicle registration certificate or motor vehicle;

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

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

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