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(영문) 대전지방법원 공주지원 2014.11.07 2014고정122
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 sales of scrap metal with the trade name of “C” in the public city B.

On April 28, 2014, the Defendant purchased 10 km and 10 km of the victim E, who stolen from D from D in the above “C”.

In such cases, there was a duty of care to verify whether a person engaged in the sales of scrap metal is stolen by ascertaining the personal information, etc. of the seller, while taking into account the details of acquisition of the scrap metal, the motive for sale, and the price suitable for the transaction price.

Nevertheless, the defendant neglected this and neglected to make a judgment on the stolen goods, but acquired the stolen goods by purchasing the scrap metal, etc. in KRW 2.80,000,00, and thereafter, from around that time.

5. Until March 5, 200, among D, acquired stolens equivalent to KRW 637,00 in total over four occasions, such as the list of offenses in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. The police statement concerning F;

1. A photograph description (C) in two copies of the photograph description;

1. Application of Acts and subordinate statutes on investigation reports (referring to high-water counterpart investigation, such asG);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the election of penalties;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (including the aggravation of concurrent crimes committed by occupational negligence as of April 28, 2014, the confession and reflection of the defendant, the criminal records of the defendant, the scale of acquisition of stolen goods, the degree of fulfillment of the defendant's duty of care, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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