업무상과실장물취득
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not purchase stolen goods with knowledge or suspicion that they would purchase them, but did not accurately verify the personal information of the seller or keep the records of the goods, etc., and that the Defendant did not perform his/her duty of care.
Since E has been trading for a long time and price was appropriate for the market price, there was a circumstance that the defendant has traded E with the belief that E is the president of the trading company with a medium computer and parts trading company.
The defendant voluntarily returned some of the verifiable stolens to the defendant, and there is the enemy who actively cooperates in the arrest of the criminal by reporting the seller who is suspected of being involved in the past.
A person has lived faithfully without any serious criminal record.
In full view of these circumstances, the punishment sentenced by the court below (3 million won) is too unreasonable.
2. Examining the Defendant’s age, sex, career, family relation, environment, motive, means and consequence, circumstances after committing the instant crime, and the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.