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(영문) 서울북부지방법원 2020.01.15 2019고단3138
업무상과실장물취득
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the sales and repair of boiler installed in Stona and the purchase, collection, disposal, etc. of a secondary boiler.

On April 2018, the Defendant purchased four boilers equivalent to KRW 110 million (price at the time of purchase by the injured party) from C, the manager of the above building in Dongdaemun-gu Seoul building, which he embezzled by C.

In such cases, the Defendant had a duty of care to verify who is the owner of the boiler and whether the said C was authorized to sell the boiler from the owner of the boiler in good faith.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen goods, purchased the boiler 4,00,000 won by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to a certificate of closure;

1. Relevant Articles 364 and 362 (1) of the Criminal Act and the choice of imprisonment without prison labor for a crime;

1. According to Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of all the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act is not agreed with the victim; (b) the value of the stolen goods acquired is not specified; (c) the primary offender is the defendant’s age, environment, motive, means

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