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(영문) 서울북부지방법원 2016.01.29 2015고정2261
업무상과실장물취득
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in trading, such as the mutual recognition of D in Seoul Special Metropolitan City, Nowon-gu, and the pipe.

E around July 8, 2015, around 09:3, around 09:26, 227-o, Seoul Special Metropolitan City, Nowon-gu, and 1604-a offset main apartment 1604, brought about waste pipes equivalent to 500,000 won at the market price of Gpoter vehicles owned by the victim F, which were loaded in the front parking lot. From around that time to September 13:34, 2015, the victim's property was stolen over four times in total, as shown in the list of crimes.

On July 8, 2015, the Defendant purchased waste pipes, etc. equivalent to KRW 500,000 at the market price, which was the victim F, that he stolen from E, from the above-mentioned D, around a non-hour period of time.

In such cases, the defendant who is engaged in the business of selling secondhand goods has a duty of care to verify the identity of the seller and enter the details of the acquisition of the waste pipe, etc., the reason for the acquisition of the waste pipe, etc., the motive for the sale, and whether the price suitable for the transaction price is demanded.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen water, and acquired the stolen water by purchasing KRW 162,400 from around this time to September 2, 2015 the pipe and the parts installed with heavy air-conditioning over four occasions.

Summary of Evidence

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

1. The protocol of suspect interrogation of each police officer regarding E;

1. Each statement of the F;

1. Application of Acts and subordinate statutes on video data;

1. Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of punishment for the crime, and the selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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