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(영문) 수원지방법원 성남지원 2016.01.08 2015고정1174
업무상과실장물취득
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in the sales of high-water in Gwangju City B with the trade name "C".

1. On June 24, 2015, the Defendant purchased approximately KRW 38 km, which he stolen from D and E, from the above “C”.

In such cases, the defendant, who is engaged in the business of selling or selling solid goods, has a duty of care to verify whether the goods are stolen by ascertaining his personal information, etc., while checking the source of the old vessel, the details of its acquisition, the motive for the sale, and whether the price suitable for the transaction price is demanded.

Nevertheless, the Defendant neglected to pay the above attention and neglected to judge the stolen water, but acquired the stolen goods in approximately KRW 205,000 after purchasing approximately 38 km of the above old vessel at KRW 205,00.

2. Around June 27, 2015, the Defendant purchased stolen approximately KRW 52km from D and E, which he/she stolen from D and E, due to negligence without due care and neglecting to make a judgment on stolen water, and acquired stolen property at KRW 270,400.

3. On July 2, 2015, the Defendant, while neglecting such care, purchased approximately KRW 41kg of the old-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “C”), and acquired stolen water at KRW 221,40,00.

4. On July 3, 2015, the Defendant: (a) neglected to pay the above attention; (b) purchased approximately KRW 45 km from D and E with the charge of neglecting the judgment on the stolen water; and (c) acquired stolen goods by purchasing KRW 243,00,00 from D and E with the charge of neglecting the judgment on the stolen water.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning interrogation of suspects of E or D by the prosecution;

1. Application of Acts and subordinate statutes to the police interrogation protocol to E or D;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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