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(영문) 부산지방법원 동부지원 2017.11.22 2017고정739
업무상과실장물취득
Text

1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a valuable goods store with the trade name of D in Busan Nam-gu C.

On February 9, 2017, the Defendant purchased 5,000,000 won of a noise measuring instrument equivalent to the market price of the victim F, which he stolen from E in front of the above D around February 16, 2017.

In such cases, the defendant, who operates the sales store of used goods, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., as well as the process of obtaining noise measuring instruments, motive for sale, and demand the price suitable for the transaction price.

Nevertheless, the Defendant acquired the stolen goods by purchasing one noise measuring instrument at a large amount of 5,000 won, by negligence, unless the Defendant neglected the above care and neglected to make a judgment on the stolen goods.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and the E-police suspect interrogation protocol [the defendant is not the existing business partner, and the age, status, etc. of E was not verified, the defendant did not confirm E's age, status, etc., and the defendant stated that "the defendant purchased goods that were loaded in the Libya on the road" because he had been unaware of what kind of goods, although he had been unaware of what kind of goods, it is difficult to readily see the theft of this case from the time to time, but did not ask about the process of acquisition, etc. of the goods. Considering the fact that the theft of this case was measured by high-priced noise, etc., it is recognized that the defendant did not fulfill his duty of care in the course of performing his duties].

1. Articles 364 and 362 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

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