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(영문) 서울남부지방법원 2017.07.20 2017고정993
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the PC sales business under the trade name of B from Yongsan in Seoul.

On April 2013, the Defendant purchased the victim’s ELT North Korea from a person who was unaware of his name and lost from the Internet from a person who was aware of the fact that the victim C was lost, at the 1,200,000 won of the market price, within the 19,000,000, 1200,000,000,000,000,000

In such cases, the defendant, who is engaged in the trade in the Nowon-gu, has a duty of care to enter personal information of the seller, and to verify whether the seller is stolen or not by properly examining the details of the acquisition of the Nowon-gu, the motive for the sale, the identification of the number of the Nowon-gu, the theft of the research service center, and the reasonable price of the transaction price.

Nevertheless, the defendant acquired the stolen goods by purchasing 350,000 won of the Nompt North Korea due to negligence, although he neglected the above care and neglected to make a judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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;

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

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