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(영문) 광주지방법원 목포지원 2015.10.27 2015고단726
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in affairs, such as sale, lease, etc. of construction materials under the trade name of “D” in Sinpo City C.

On March 8, 2014, the Defendant purchased building materials (e.g., oil pumps 6012, 210) that were stolen from E and F from E and F.

In such cases, a person engaged in the purchase of used building materials has a duty of care to verify whether the building materials are stolen, such as confirming the personal information of a seller, resident registration certificates, business registration certificates, etc., and sufficiently confirming the sales process of the building materials.

Nevertheless, the Defendant neglected this and purchased from E and F construction materials, such as oil pumps, pipes, etc. totaling 29,294,000 won from August 14, 2014, including purchase of the above construction materials from around 747,000 won, from around 12 times in total, under the attached crime list, to the effect that the Defendant did not confirm the identification card, resident registration number, etc. of E and F, and that the business was difficult and brought about from the outside of the outside of the pre-North area due to its power.

Accordingly, the defendant acquired stolens over 12 times by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Each police suspect interrogation protocol concerning E and F;

1. Each police statement of G and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a copy of seized books), investigation reports (Attachment of judgment in the case of principal offenders);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning criminal facts and the choice of punishment (see, e.g., the selection of fines, the recognition of the criminal facts of this case by the defendant, and the repent of errors, and the first offender who has no record of criminal punishment previously imposed by the defendant, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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