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(영문) 수원지방법원 안양지원 2012.10.19 2012고정1011
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is operating a secondhand shop with a trade name in Ansan-gu B.

1. On April 7, 2012, the Defendant: (a) purchased 3,50,000 tons of 3,000 tons of 2,50,000 tons of 3,000 tons of 2,50,000 won of 2,50,000 won of 2,000,000 won of 2,000,000 won of 3,000,00

In such cases, the defendant, who runs the water business, has a duty of care to verify whether he/she is stolen by checking the personal information of C and recording the details of the acquisition of the bicycle, motive for the sale, and whether he/she demands the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care, acquired the stolen by purchasing the two bicycles in KRW 8,00, by negligence, while neglecting judgment on the stolen.

2. On April 15, 2012, the Defendant: (a) purchased one mountain bicycle in an amount equivalent to KRW 3.5 million at the market price owned by the victim F owned by said C and E on the above high water surface; and (b) one bicycle in an amount equivalent to KRW 3.5 million at the victim G market price.

In such cases, the defendant, who runs the water business, has a duty of care to verify whether he/she is stolen by checking the personal information of C and recording the details of the acquisition of the bicycle, motive for the sale, and whether he/she demands the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care, acquired stolen by purchasing two bicycles in KRW 8,000, by negligence, while neglecting the judgment on stolens.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against H, I, J, K, E, or A;

1. Each police statement made to D, F, and G;

1. Each CCTV photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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