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(영문) 수원지방법원 안산지원 2017.02.02 2016고정1543
업무상과실장물취득
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaged in the repair, purchase, and sale of used home appliances, etc. with the trade name "C" in Ansan-si, a member B.

The Defendant purchased the amount equivalent to KRW 850,000,00 from June 3, 2016 to the fifth day of the same month, which was the victim of Samsung C’s theft from his name in the above C.

In such cases, the defendant, who is engaged in the business of repairing, purchasing, or selling household appliances, has a duty of care to verify whether the defendant is stolen by properly examining the origin, motive, condition of the goods, and the price of the goods suitable for the transaction price.

Nevertheless, the Defendant acquired stolen goods by purchasing the same Nowon-gu in KRW 20,000 due to negligence, unless he neglected the above duty of care and neglected to judge the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Business registration certificate (A);

1. Application of Acts and subordinate statutes to investigation reports (verification of the address of damaged articles, etc.), investigation reports (execution results, such as a search and inspection warrant, etc.);

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. The confinement of a fine of 300,000 won for a suspended sentence and a workhouse (Articles 70, 69(2), 69(2), and 100,000 won for a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (The circumstances favorable to the defendant, such as the fact that the defendant has recognized his mistake, the fact that the damaged goods caused by the crime of this case have been restored to the victim, the health of the defendant is not good, and the fact that the defendant has no particular criminal history);

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