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(영문) 서울중앙지방법원 2017.08.29 2017고정1791
업무상과실장물취득
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a secondhand shop in Jongno-gu Seoul Metropolitan Government B with the trade name of C.

On March 2017, the Defendant purchased female clothing of KRW 840,000 in the market value of the victim E, which he stolen from D in the above secondhand, from the victim E in March 2017.

In such cases, there was a duty of care to confirm the identity of the seller and enter the details of the acquisition of the above clothes, the motive for the sale, and whether the price of the above clothes suitable for the transaction price is demanded.

Nevertheless, the defendant neglected to make a judgment on the stolen goods and purchased the above female clothing of 80 million won as a result of neglecting judgment on the stolen goods.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

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

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime;

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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