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(영문) 광주지방법원 2014.04.03 2013고정2375
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the business of using and selling the Internet after purchasing secondhand electronic equipment in the Gwangju metropolitan area.

On the end of June 2010, the Defendant purchased 40,000 won of the market price of the victim C, which was the victim C, who was stolen by the non-member of his name from the non-member of his name who was the owner of his domicile in Gwangju.

In such cases, the defendant, who is engaged in the business of selling and selling solid goods, has a duty of care to verify the seller's personal information, and to request the acquisition details and the price suitable for the transaction price, etc. in good faith.

Nevertheless, the Defendant, while neglecting the above care, acquired the stolen goods by purchasing KRW 10,000,00 by negligence, while neglecting the judgment on the stolen goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of damaged articles);

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. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The summary of the assertion was unaware of whether the Defendant was a stolen at the time of purchase of the instant construction work, and the Defendant purchased the construction work on the ground that there was no special circumstance to suspect that the construction work was stolen. Therefore, the Defendant fulfilled his duty of care at the time of purchase.

2. In a case where a person engaged in the business of buying scrap metal, etc., entered the seller's identity as a matter of principle, if the seller entered the whole personal information of the seller at the purchase price and resident registration certificate in the book kept and kept by asking the place, time, price, reason for sale, etc. of the article, the seller's identity, or the source and possession of the article.

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