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Reasons
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(영문) 서울서부지방법원 2015.01.27 2015고정3
업무상과실장물취득
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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 engaged in the business of purchasing secondhand home appliances and collecting secondhand home appliances using freight vehicles in Seodaemun-gu Seoul, Seoul. When purchasing secondhand home appliances, the Defendant has a duty of care to verify whether the goods are stolen by checking the seller’s personal information, etc., and the process of acquiring the goods, the motive for the sale, the demand for the price suitable for the transaction rate, etc.

1. Between around 08:00 to 09:00 on July 11, 2014, the Defendant neglected to exercise the above duty of care and acquired the stolen goods by purchasing one of the above monitors by purchasing one of the Samsung monitors managed by the victim C, who was stolen by the victim C, in the vicinity of the Seodaemun-gu Seoul Western Community Welfare Center located within 177 (Nam Dong-dong) from the sand of Seodaemun-gu, Seoul. In the process of purchasing one of the above duties of care, the Defendant neglected to exercise the said duty of care and acquired the stolen goods by purchasing the stolen goods from 8,00

2. On July 14, 2014, between 08:00 to 09:00, the Defendant: (a) purchased 1 unit of LG computer in the part of the main body of LG computer managed by the victim C and one monitor of LG, which was stolen by the victim C, by neglecting the above duty of care; (b) purchased 1 unit of the above monitor by negligence in 15,000 won; and (c) acquired 15,000 won.

3. On July 15, 2014, the Defendant, at around 07:30, acquired the stolen goods by purchasing KRW 15,000 by negligence, without neglecting the above duty of care in the course of purchasing the 1st unit of Samsung Computer and Samsung Monitoring 1 unit managed by the victim C, who was stolen by the Defendant from the Party A located in Seodaemun-gu Seoul, Seo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. C’s statement;

1. Each protocol of seizure and the list of seizure;

1. Application of statutes to on-site CCTV photographs and investigation reports (in relation to on-site photographs and CCTV part-time errors).

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