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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 서부지원 2013.04.19 2013고정461
업무상과실장물취득
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a secondhand with the trade name of Daegu Seo-gu B.

1. On December 2012, 2012, the Defendant purchased 30 pumps of the Corppon, which is a construction material equivalent to 450,000 won in the market price owned by the victim D, which he stolen from the above B, from the Defendant.

In such cases, the defendant, who is engaged in the business of selling goods, has a duty of care to verify whether the goods are stolen by taking into account the source of the goods, the details of acquisition, the motive for the sale, and whether the price suitable for the transaction price is demanded.

Nevertheless, the Defendant, without such care, neglected to determine the stolen and acquired the stolen in 70,000, after purchasing 30 pumps of the above water to 70,000.

2. On December 2012, 2012, the Defendant purchased 30 pumps, which are building materials equivalent to KRW 480,000, from E-owned market value, which he stolen from the above B, from the Defendant.

In such cases, the defendant engaged in the high-water trading business has a duty of care to confirm whether the goods are stolen as above.

Nevertheless, the Defendant, without such care, neglected to make a judgment on the stolen property, acquired 30 pumps from 100,000, by purchasing 100,000, by negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police interrogation protocol to C

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the choice of punishment;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act is divided, it is a primary criminal without criminal power, minor, and obvious circumstances of the past

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