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(영문) 의정부지방법원 2015.05.14 2015고정693
업무상과실장물취득
Text

1. The defendant shall be punished by a fine of three million won;

2. 100,000 if the defendant does not pay the above fine.

Reasons

Criminal facts

Around August 28, 2013 when the Defendant was operating a secondhand shop in Gyeonggi-gun B with the trade name of “C”, the Defendant purchased 700 kilograms of scrap metal from D, etc. or 700 kilograms of scrap metal from D, etc. on the above secondhand shop around August 28, 2013, and was engaged in the business of selling secondhand metal and concealed the remaining steel bars from the construction site in a mastru, and continued sale of scrap bars without concluding a separate agreement for collecting secondhand goods, etc., taking into account the following: (a) whether the Defendant was negligent in neglecting his duty of care to check whether it was a stolen goods; (b) the Defendant acquired the above 700 kilograms of scrap metal from 217,000 won to 200 won in total, and (c) the Defendant acquired 200 kilograms of gold metal from 20 to 312, 2013; and (d) the Defendant acquired 1360 kilograms of scrap metal by means of attached Form 28313, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Application of Acts and subordinate statutes on the purchase account books;

1. Articles 364 and 362 (1) of the Criminal Act applicable to the crimes. Article 362 (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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