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(영문) 수원지방법원 2014.08.29 2014고정2010
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 who is engaged in golf trading, etc. with the trade name called “C” in Suwon-si B.

At around 15:00 on October 5, 2013, the Defendant purchased one golf bank with which the victim E, which he stolen from D, could not know the market price.

In such cases, the defendant, who is engaged in golf bond trading business, has a duty of care to verify whether he/she is stolen by properly examining the following: (a) details of obtaining golf bonds; (b) details of obtaining golf bonds; and (c) motive for selling golf bonds; and (d) price suitable for the transaction

Nevertheless, the Defendant acquired the stolen by purchasing golf loans in KRW 100,000, by negligence, while neglecting the above care and neglecting the judgment on the stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement;

1. Application of Acts and subordinate statutes to seizure records, seizure lists, and investigation reports;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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