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(영문) 의정부지방법원 2013.04.17 2013고정7
업무상과실장물취득
Text

Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 13:00 on May 17, 2012, the Defendant purchased at KRW 10 km and KRW 100,000,000, a iron bars (13mm x 100mm mm mm x) for construction works owned by the victim F, including two scrapped doors owned by the victim F, that he stolen from D and E, from May 17, 201.

In such cases, the defendant has a duty of care to verify the personal information of the seller of solid objects and to check whether they are stolen or not by entering them in the purchase account book.

Nevertheless, the Defendant acquired stolen goods by purchasing 10 km and 100 iron bars for construction works (13mm x 100m mm m) by negligence, when he neglected to make a judgment on stolen goods, such as not checking the status of a seller of solid objects properly.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the police protocol of statement to F;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant, around June 2012, with respect to the purchase of pumps, etc. from E and E, there is no criminal record other than punishment for occupational negligence acquisition; and (b) the amount of damage to the instant crime is not significant; and (c) the method and result of the instant crime, including the circumstances after the crime, age, character and conduct of the Defendant, family environment, etc., the amount of fine as above shall be determined by comprehensively taking account of all

It is so decided as per Disposition for the above reasons.

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