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(영문) 수원지방법원 2015.11.30 2015고정2723
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 13:00 on April 5, 2012, the Defendant: (a) confirmed the seller’s personal information, etc.; (b) confirmed whether a person engaged in the secondary car sales business was the owner of a passenger car; and (c) was delegated by the owner; and (d) had a duty of care to verify whether a vehicle was stolen by taking into account the details of acquisition, motive, and transaction of the vehicle; and (b) without confirming any of the above matters at all, acquired a stolen car at KRW 60,000,000,000 at the market price owned by the victim C embezzled by the Defendant; and (c) acquired the stolen car by negligence in the course of business, by purchasing from B the 12,00,000,000 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Written complaint filed by C;

1. Application of statutes on copies of motor vehicle registration certificates;

1. Article 364 of the Criminal Act and Articles 364 and 362 of the Criminal Act concerning the relevant criminal facts, the choice of fines;

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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