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(영문) 부산지방법원 2017.06.14 2017고정771
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2016, the Defendant purchased 300,000,000 No. 30,000,000 from D to the “C” store operated by the Defendant on the 1st floor located in Busan, Jin-gu B, Busan.

In such cases, the defendant, who is engaged in the business of purchasing a medium-sized computer, has a duty of care to verify the name and resident registration number of the seller D, personal information such as telephone number, etc., and to check the process and motive of acquisition and sale of the above Nowon-gu, and whether the price appropriate for the market price is demanded from D closely.

Nevertheless, as long as the defendant neglected the above duty of care and neglected to make a judgment on the stolen water, the defendant purchased the above Nowon-do in KRW 60,00,000 and acquired the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the instant crime, taking into comprehensive account all the circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the sentence shall be mitigated more than the summary order, by comprehensively taking into account.

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