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(영문) 부산지방법원 2013.09.05 2013고정3305
업무상과실장물취득
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 28, 2012, the Defendant purchased 700,000,000 won of the victim E, which he stolen from D in the above place at around 15:00 on February 28, 2012, using the trade name of "C" in Busan Jin-gu B, Busan.

In such cases, although the Defendant, who is engaged in sales, such as double-high portable phones, has a duty of care to verify whether he/she is stolen by checking the personal information of D and recording the fact that he/she acquired the B/S 2 B/S PC, as well as the motive for sale and whether the price suitable for the transaction rate, etc., but the Defendant neglected this duty and purchased the above B/S 2 B/S PC in KRW 1,50,000 due to negligence while neglecting the judgment on the stolen goods.

The Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (109 pages of investigation records);

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 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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