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(영문) 대전지방법원 천안지원 2017.10.12 2017고정473
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 700,000.

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 sales of precious metals and electronic equipment with the trade name of “D” on the part of Young-gu, Young-gu C and 1st, Suwon-si.

On February 8, 2017, the Defendant purchased Samsung E’s KRW 1 million at the victim F-owned market that he stolen from E at the above store around 13:00.

In such cases, the defendant, who is engaged in the sales of heavy precious and electronic equipment, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of E and indicating the details of the acquisition of the Nowon-do, the motive of the sale, and the price at the market price of the transaction.

Nevertheless, the Defendant did not neglect the above care and did not check the domicile of E, but did not ask the acquisition process, sales motive, etc. in detail, and purchased in KRW 40,00 of the price without doubting that the above Samsung EM North Korea was a stolen property.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Protocol concerning the interrogation of suspects of E (three times);

1. A written statement (F) and the related field photograph attached thereto;

1. A investigation report (on-site inspection during the Gyeonggi-do Ethy Ethy Ethy Ethy Ethy) and a photo of the site

1. Investigation report (Korean seizure and purchase account books), gold photographs of room, and copies and photographs of purchase paper;

1. Application of Acts and subordinate statutes to the records of seizure (309 pages), list of seizure (310 pages of investigation records), photographs of seized articles (313, 314 pages of investigation records);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime, the degree and degree of violation by the Defendant’s duty of care, the difference between the market price and the acquisition price of the Nowon-do acquired by the Defendant, the criminal records of the Defendant’s criminal punishment, the financial status of the Defendant, etc.

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