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(영문) 전주지방법원 남원지원 2013.12.24 2013고정47
업무상과실장물취득
Text

Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

Defendant

B is a person who operates a secondhand shop in the name of "E" in Jinju-si.

Defendant

B, from December 29, 2012 to March 25, 2013, the Goi Cable was purchased from F on the above water surface.

In such cases, Defendant B, who is engaged in the physical work, had a duty of care to verify whether the goods were stolen by examining well the details of the acquisition of old wire, the motive for the sale, the method of sale, and the price suitable for the transaction price.

Nevertheless, as long as Defendant B neglected the above care and neglected the judgment on the stolen goods, Defendant B purchased 15,500,000 won in total in four times in total from F due to occupational negligence, unless the judgment on the stolen goods was neglected.

Accordingly, Defendant B acquired stolen goods by occupational negligence.

Summary of Evidence

1. Defendant B’s partial statement

1. Each prosecutor's interrogation protocol concerning F;

1. Application of investigation reports (in relation to the height of goods traded as a suspect), investigation reports, and Acts and subordinate statutes;

1. Articles 364 and 362 (1) of the Criminal Act applicable to the relevant criminal facts;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the Defendants purchased goods at the time of the purchase of the old cable from F due to the lack of any reason to suspect that they were stolen at the time of the purchase.

2. In a case where a person engaged in the business of buying scrap metal, etc., entered the seller's identity, or the source and source of the article, as a matter of principle, in a case where the seller entered the whole personal information of the above seller, which was confirmed by the purchase price and resident registration certificate, in the account book kept by asking the seller for the place, time, price, reason for sale, etc. of the article.

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