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(영문) 서울동부지방법원 2015.02.04 2014고단2535 (1)
업무상과실장물알선
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 24, 2005, the defendant was sentenced to a summary order of 500,000 won for the crime of acquisition of stolen property through occupational negligence at the Jung-gu District Court, and on February 8, 2006, the Seoul Central District Court sentenced the probation of 3 years and 6 months to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 1.5 million won for the same crime at the Seoul Northern District Court on March 27, 2008, and 2 years for a suspended sentence of 6 months for the same crime at the same court on June 9, 2009.

【Criminal Facts】

On June 2013, the Defendant received a request from a person who was unable to know his name in “D” operated by the Defendant in Dongdaemun-gu Seoul, Dongdaemun-gu, from a person whose name was stolen, to sell one parcel of the FJM GTS 125CC which is equivalent to KRW 3 million in the market value of the victim E-owned by him.

In such cases, the defendant, who is engaged in the business of Obane, has a duty of care to verify whether the above name is stolen or not by ascertaining the personal information, etc. of the person whose name is unknown, and by considering the details of the acquisition of Obane, the motive of the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected to make a judgment on stolen goods and neglected to do so, sold to G engaged in the same type of business as 2.4 million won.

The Defendant assisted the acquisition of stolen goods by occupational negligence above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the suspect of G by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of H and E;

1. Police seizure records;

1. Detailed data on photographs, certificates of the disuse of each two-wheeled vehicle, stolen or stolen vehicles; and

1. Report on occurrence of a theft;

1. Previous records of judgment: Criminal records, etc., references, previous records of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (suspect A's previous records and attachment of judgment);

1. Criminal facts;

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