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(영문) 수원지방법원 안양지원 2015.05.01 2015고정59
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who runs a computer retail business in the name of the defendant in Seocho-gu Seoul Metropolitan Government 6th floor of the building B.

At around September 16:10, 2014, the Defendant purchased Samsung C’s Samsung C’s ownership, which was the victim who stolen D from the above C.

In such cases, a person engaged in the sales of home appliances has a duty of care to verify whether the goods intended to be sold are stolen goods by examining the details and status of the seller's personal information, and the motive for the sale, and whether the price suitable for the transaction price is demanded.

Nevertheless, the Defendant neglected to confirm the identity of D and acquired the stolen goods by purchasing the above Nowon-gu in the face of KRW 300,000,000, which is suspected of acquisition, from June 26, 2013 to September 12, 2014, in the same place as the attached crime list, and acquiring the stolen goods by purchasing electronic equipment of KRW 8,980,000 in total, from around 12, 2013 to around 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning criminal facts, the choice of fines;

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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