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(영문) 서울서부지방법원 2017.06.09 2017고정61
업무상과실장물취득
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is a person who is in the middle and high-speed G occupation in Eunpyeong-gu Seoul Metropolitan Government E and engages in the letter purchase business.

The Defendant, at around 12:20 on September 6, 2016, committed a theft from H to H around 12:05 on September 6, 2016, in the middle and high book of the F, around the same day, around 00:05, in Seoul, within the first floor J reading center of Eunpyeong-gu Seoul, Seoul, the Defendant “C” owned by the Victim K.

The letter 111, a total of 20 times from August 3, 2016 to September 13, 2016, as shown in the attached list, such as purchase of eight books, such as excessive son, was purchased, and the book 111, a total of 1,743,40 won.

In such cases, the defendant, who is engaged in the medium and long-term sales business, has a duty of care to check the personal information of the seller in order to purchase the book without any mark and to check whether the book is stolen or not, and to check the process of acquiring the book and the motive of selling the book.

Nevertheless, the defendant acquired the stolen by purchasing the above letter 111 by negligence, although he neglected the above care and neglected the judgment on the stolen.

2. We examine whether the Defendant, with respect to the purchase of the pertinent book, failed to perform his duty of care as a person engaged in the medium and high-ranking trade.

A. According to evidence, it is recognized that the FJ G’s purchase of books without a non-marked letter to H did not verify the developments leading up to the acquisition of books and the motive for sale.

(b) However, there are special circumstances to suspect whether the goods are stolen solely by taking into account the following facts admitted by the evidence:

It is difficult to see it.

1. In the case of a large book store with frequent loss, a visa (a stamp affixed on the page below the book) shall be affixed on the sales book, and then the date of sale shall be stamped again at the time of sale, and a normal purchase shall be made.

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