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(영문) 부산지방법원 동부지원 2014.12.11 2014고정1343
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 500,000.

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 trade of secondhand water.

On February 18, 2014, the Defendant purchased 88 kilograms from “C” on the water surface located in Busan Shipping Daegu B, which was operated by the Defendant, the victim (ju) square and M&C owned by D, which he stolen from D.

In such cases, the defendant, who is engaged in the sales of solid goods, has a duty of care to verify whether they are stolen by ascertaining the identity of D and entering the details of acquisition of solid goods, motive for sale and demand price suitable for transaction prices, etc.

Nevertheless, the Defendant, while neglecting the above care and neglecting the determination on the stolen, purchased the pipe at KRW 484,00 in price and acquired the stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of each police protocol of statement to E and F;

1. Articles 364 and 362 (1) of the Criminal Act applicable to the crimes;

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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