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(영문) 대전지방법원 2014.07.01 2014고단840
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person operating a “C” on the water surface.

The Defendant, at around 19:00 on November 21, 2013, had a duty of care to verify whether or not the Defendant was stolen by taking account of the following: (a) the victim F-owned market price of KRW 2,00,000, and 47, and the high-water business entity’s personal information as the seller; (b) the process of acquiring the pipes; and (c) whether or not the Defendant demanded the price suitable for the motive and timing of the sale; and (d) the Defendant had a duty of care to verify whether or not the Defendant was stolen by taking account of the following: (a) the victim F-owned market price of KRW 2,00,00;

Nevertheless, the Defendant neglected this and acquired stolen goods by purchasing 47,00 won in total of the price of the above pipes and 700,000 won by negligence when neglecting the judgment on the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation report (a copy of case sent note, suspect interrogation protocol, etc.);

1. Articles 364 and 362 (1) of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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