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(영문) 대전지방법원 서산지원 2013.08.09 2012고단1026
장물취득
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the distribution of scrap metal and surplus materials in the name of “E” in 7 dong 314 and 7 dong 314.

On November 17, 2011, the Defendant purchased steel 3,420 km equivalent to the market price of 2,171,700 won, which was the owner of the injured sports industry (ju) that he stolen from F.

In such cases, the Defendant, who is engaged in the trade of steel materials, has a duty of care to verify the type of steel materials, the process of acquiring steel materials, the motive for the sale, the frequency of sale, and the demand for the price suitable for the transaction price of steel materials.

Nevertheless, the Defendant, without neglecting such care and neglected to determine the stolen goods, purchased KRW 1,690,00 for the above steel goods at KRW 3,420 km from around that time to April 5, 2012, and purchased KRW 100,550,000 for the total market price of KRW 136,538,675 for about 191,423 km as shown in the attached list of crimes, as shown in the attached list of crimes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement, each protocol of suspect examination of F by the prosecution;

1. Each police statement concerning G;

1. Photographs, such as the seizure site, and copies of search and seizure books;

1. A copy of a certificate of non-exploitation of materials, a copy of shipment invoice, a copy of a detailed statement of trade, a letter of non-exploitation of materials and a detailed statement of trade, a copy of passbook, a copy of passbook, the final details of complaint, the

1. Application of investigation reports (calculated reports on purchase price A) and investigation reports (report accompanied by a copy of judgment) Acts and subordinate statutes;

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

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

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (see, e.g., first offense).

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