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(영문) 대구지방법원 김천지원 2020.07.23 2020고정7
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From around 2009, the Defendant is a person who has operated a secondhand shop in the name of Gu and Si B, and is engaged in the purchase of scrap iron, etc.

At around 15:30 on June 13, 2019, the Defendant purchased 30,571,395 won of the market price of the CR 8.00 MM at 30,571,395 won of the market price of the CR 8.05 won, which D had been loaded on the E truck. The Defendant purchased 20,00 won of the cCR 30,571,395 won of the cR 8.05 won of the cR, which was first traded with D, and the cco purchased at the same time as the ccos on which it had been loaded at the time, which was the same as the ccos on which it had been packed, without undergoing any verification process, even though the Defendant breached the duty of due care to verify whether the goods are actual defective or stolen.

Accordingly, the defendant acquired stolen goods through occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning F;

1. Determination as to the defendant's assertion on the details of GPS, detailed statement of transactions, GPS list (dong), standing photographs, and internal investigation reports (Submission of victim's loss expenses)

1. The defendant alleged that he purchased one package of the copper Shipbuilding Co., Ltd. (hereinafter referred to as the "Co. of this case") from D in 20 million won. However, when D had the above copper Co., Ltd., the packaging trademark or bar code of the copper Co., Ltd. was removed, D believed that it was a defective product during production, and accepted a explanatory note from D, and the purchase price was an amount commensurate with the market price at the time, and the defendant fulfilled his duty of care in relation to the purchase of scrap metal.

2. According to the above evidence, the following facts and circumstances may be acknowledged, and considering the whole of them, the defendant has special circumstances to suspect whether the co-days of this case is stolen at the time, or the nature and type of the purchased goods, and the identity of the seller, etc.

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