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(영문) 서울북부지방법원 2017.02.02 2015고정2644
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the repair and trade of Nowon-gu in Seoul Dongdaemun-gu C market.

On October 19, 2015, the Defendant purchased from the victim F that he stolen from E from the above D on October 19, 2015, 250 won or more at the market price of the victim F.

In such cases, there was a duty of care to verify whether a person engaged in the sale of used home appliances is stolen or not by ascertaining the personal information of the seller and indicating the details of the acquisition of the Nowon-do, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant purchased 150,000 Won by negligence of failing to take the above measures as to whether the goods were stolen or not, without neglecting such care.

Summary of Evidence

1. Legal statement of witness E (G life);

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. A written statement;

1. Application of statutes on site photographs;

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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