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(영문) 광주지방법원 순천지원 2016.04.27 2015고정862
업무상과실장물취득
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the lending business and the trading business of used goods in the name of "C" in the net time B.

1. On July 6, 2015, the Defendant acquired water from the head of the occupational department and office around July 15:30, 2015, purchased LG Nowon-North Korea equivalent to KRW 1.3 million at the market price owned by the victim E who stolen from D from the above C around July 6, 2015.

In such cases, the defendant, who is engaged in the business of selling used goods, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information and indicating the details of the acquisition of the Nowon-do, the motive for the sale, and the price at the market price of the used goods.

Nevertheless, the Defendant acquired stolen goods by purchasing KRW 130,000 from 130,00,000, while neglecting the above care and neglecting the judgment on the stolen goods.

2. On July 23, 2015, the Defendant acquired the water from the chief of the occupational department and the chief of the office around July 23, 2015: around 15:30 on July 23, 2015, the Defendant purchased Samsung Nompt North Korea, equivalent to KRW 1,00,000, at the market price of the victim F that he stolen from the above D.

In such cases, the defendant, who is engaged in the business of selling used goods, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information and indicating the details of the acquisition of the Nowon-do, the motive for the sale, and the price at the market price of the used goods.

Nevertheless, the Defendant acquired stolen goods by purchasing KRW 50,000 from 50,000, while neglecting the above care and neglecting the judgment on the stolen goods.

Summary of Evidence

Articles 364 and 362(1) of the Criminal Act as to the crime subject to the application of the law, each of the applicable Articles of the Criminal Act concerning the investigation report by the police on the suspect interrogation protocol of the defendant regarding D's statutory statement, and Articles 364 and 362(1) of the Criminal Act, the former part of Article 37 of the Criminal Act aggravated punishment of concurrent crimes of fines, Articles 38(1)2 and 50 of the Criminal Act.

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