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Reasons
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(영문) 대구지방법원서부지원 2020.12.01 2019고정912
업무상과실장물취득
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1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is operating a secondhand shop with the trade name “C” in Seogugu-gu.

1. At around 12:00 on June 23, 2019, the Defendant purchased 290,400, 440 g of the closed watch at the market price of the victim E, which he stolen from D.

In such cases, the defendant, who is engaged in the business of selling and buying solid goods, has a duty of care to verify whether he/she is stolen or not, while checking the personal information of D and how he/she acquired and sold solid goods.

Nevertheless, the Defendant neglected such care and acquired stolens by purchasing KRW 268,400 on a closed watch 44kg of the closed watch 268,400, while neglecting the judgment on the stolens.

2. At around 10:00 on July 10, 2019, the Defendant purchased 15.4kg of the old electric distribution line equivalent to KRW 100,000, the market price of the victim F, who was stolen from D, was the victim F.

In such cases, the defendant, who is engaged in the business of selling and buying solid goods, has a duty of care to verify whether he/she is stolen or not, while checking the personal information of D and how he/she acquired and sold solid goods.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen, but acquired the stolen by purchasing KRW 94,00 with the price of KRW 15.4kg of the former Eg, which was 94,00.

Accordingly, the defendant acquired stolen goods by purchasing 59.4kg from the closed-gu Liber which is equivalent to the market price of 362,400 won owned by the victims who stolen D twice.

Summary of Evidence

1. Partial statement of the defendant;

2. Partial statement of the police interrogation protocol of the accused;

3. The crime of acquiring stolen goods by occupational negligence is established in a case where he/she purchased stolen goods by neglecting it even though he/she could have known that the relevant items of a protocol of interrogation of the police against D are stolen goods.

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