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(영문) 청주지방법원 2019.08.21 2019고단996
업무상과실장물취득
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in water trading business with the trade name "C" in Chungcheongnam-gun B.

At around 09:30 on February 2019, the Defendant purchased 600 kg of the Victim F, which he stolen from D and E, on the top of the above secondhand on the date.

In such cases, there was a duty of care to verify whether a person engaged in the business of purchasing used goods is stolen or not by checking the personal information of the above D and E, the process of acquiring electric wires, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected to make a judgment on the stolen goods by negligence in the course of business, but neglected to do so, purchased the stolen goods at 1920,000 g from around that time to March 22, 2019, with a total of 12 times from around 12 times, and acquired the stolen goods by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Application of the Acts and subordinate statutes of ctv photographs around the site;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to one year;

2. Four months of imprisonment with prison labor for a decision of sentence, and two years of suspended sentence: Circumstances favorable to the possession of the same kind of power: The defendant seems to reflect the case in this case, and the above circumstances shall be determined as the same as the order, comprehensively taking into account the defendant's age, character, environment, motive, means, results, etc.; and

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