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(영문) 서울중앙지방법원 2015.02.03 2015고정49
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a store with the trade name "C" in Yongsan-gu Seoul Metropolitan Government and is engaged in the sale of golf products.

On June 2, 2014, around 21:10 on June 2, 2014, the Defendant purchased from the said E addifypt golf gypt and Heafy character gypt, the total market value of the victim F, who was stolen by E, from the front side of Gangnam-gu Seoul Metropolitan Government.

In such cases, the defendant, who is engaged in the business of selling heavy golf bonds, has a duty of care to verify whether the seller's personal information, etc. is a seller and to record the details of the acquisition of golf bonds, etc., the motive of the sale, and whether the price suitable for the transaction prices is demanded.

Nevertheless, the Defendant, without confirming the above matters, neglected to determine whether the goods were stolen, acquired the stolen goods by negligence in the course of business by purchasing the above golf set and the Held character glick in KRW 7.50,000 and acquiring the stolen goods by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on the results of the transfer to our bank;

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

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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