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(영문) 대전지방법원 2013.09.04 2013고단2139 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime of May 9, 2013 is a person who is engaged in the business of selling high-water in the name of “D” in the Glocket C in the Glockdong-gun.

At around 07:00 on May 9, 2013, the Defendant purchased 42 meters of the market price of the victim Korea Railroad Corporation owned by E, who he stolen from E on the above secondhand on the water surface.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of E, while he/she has a duty of care to verify the motive for sale, the process of acquisition, and the price suitable

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods, but purchased the above diving lines in KRW 180,000 by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

2. On May 13, 2013, the Defendant purchased 30 meters of the market price of the Korea Railroad Corporation owned by the victim who stolen from E on the above top of the body on May 13, 2013.

In such cases, the defendant, who is engaged in the business of selling solid goods, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of E, while he/she has a duty of care to verify the motive for sale, the process of acquisition, and the price suitable

Nevertheless, the Defendant neglected such care and neglected to make a judgment on the stolen goods, but purchased the above diving lines in KRW 120,000 by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. Application of statutes on business registration certificates;

1. Articles 364 and 362 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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