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(영문) 수원지방법원 성남지원 2015.09.09 2015고정574
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On June 21, 2014, at around 13:19, the Defendant purchased the opening 120 km plate equivalent to KRW 144,00,00 in the market price owned by the victim Hyundai A&S (State) who was stolen by the Defendant in Gangnam-gu, Seoul.

In such cases, the defendant, who is engaged in the water sales business, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and by examining the details of acquisition of the open scrap metal, the motive of sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care and neglecting the judgment on the stolen, purchased the 30,000 won iron plates of the opening and acquired the stolen goods by negligence.

2. On August 18, 2014, around 16:25, the Defendant purchased 288,000 g of the opening iron plates equivalent to KRW 240,00, the market price of the victim Hyundai A&S (State) owned by E within D as described in paragraph (1).

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether the goods are stolen by ascertaining the personal information of E and recording the acquisition process of the open scrap metal, motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care and neglecting the judgment on the stolen, purchased the 40,000 won of the 60,000 won of the 40,000 won of the 40.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of the police statement related to F, G, and H;

1. Application of each statute of measurement confirmation;

1. Articles 364 and 362 (1) of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

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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