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(영문) 서울북부지방법원 2016.06.02 2015고정234

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

The Defendant is a person who is engaged in the sales of Obaba in the name of “D” in Young-gu, Suwon-si, Suwon-si.

On September 2, 2014, at around 12:00, the Defendant purchased one two-wheeled vehicle of 125c or two-wheeled vehicle of 2009 with the market value of the victim H, which was stolen by G from F, at the Gangnam-gu Seoul Metropolitan Government E-Ba parking lot.

In such cases, there was a duty of care to confirm whether the Defendant, who is engaged in the business of Obane, had a duty of care to confirm the F's personal information and to demand the details of the acquisition of Obane, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected to make a judgment on the stolen by neglecting the above care and acquired the stolen by purchasing the above five hundred and five hundred and fifty thousand won per annum.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of a witness I;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to the police interrogation protocol to F and G;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime;

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;