logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.24 2017고정2398
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

The Defendant is a person who operates a secondhand body with the trade name “D” in Osan-si.

At around 02:54 on June 19, 2017, the Defendant purchased approximately 700 meters of the market value of the Victim G that he stolen from E and F, and approximately 1.60 meters of Quaker Cable, approximately 160 meters of 50,000 Quaker Cable, and KRW 2.5 million of the market value of the Victim H, and KRW 900,000,000 of the market value of the Victim Quaker Cable.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of E and F and entering them in the account book, etc., and by considering the process of acquisition of the above electric wires, motive for sale, and demand for the price suitable for the transaction price.

Nevertheless, the defendant neglected to pay the above attention and neglected to judge the stolen water, but purchased the above electric wires in KRW 19.30,000 by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A written statement of each victim of G and H;

1. Investigation report (Investigation of DCCTV);

1. Determination as to the defendant and his defense counsel's assertion at the scene of crime

1. The defendant and his defense counsel asserted that there was no occupational negligence since they fulfilled their duty of care in purchasing the instant electric wires.

2. That the person who runs the business of selling and buying secondhand wires, etc. has undergone the procedure of confirming the identity of the seller when purchasing secondhand wires, etc.;

Even if there are special circumstances to suspect whether a stolen is a stolen or not, or if he/she has paid more attention to the nature, type and the identity of the seller of the stolen property, he/she is negligent in purchasing and acquiring the stolen property because he/she could have known that the stolen property is a stolen, the crime of acquiring the stolen property is established, and it is suspected that the stolen property is a stolen property.

arrow