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(영문) 울산지방법원 2014.03.25 2014고정1
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a bicycle agency with the trade name “D” in Yangsan-si.

The defendant, who is engaged in the business of selling bicycles, has a duty of care to verify whether he/she is stolen by ascertaining the seller's personal information and entering the details of the acquisition of bicycles, motive for selling bicycles, and demand the price suitable for the transaction price.

1. On July 12, 2013, the Defendant, at around 17:00, purchased a hybrid bicycle set of KRW 150,000 at KRW 35,00, where he/she acquired a stolen bicycle set of KRW 150,00, by occupational negligence, while neglecting the duty of care as above, and neglecting the determination on the stolen goods.

2. At around 19:20 on July 23, 2013, the Defendant acquired 10,000, a bicycle for mountain use, which was stolen by G due to occupational negligence, by purchasing KRW 3 million at KRW 10,00,00, when the victim H owned by G due to occupational negligence, without neglecting the above occupational duty and neglecting the determination on the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police officer in relation to G and E;

1. Each statement of H and F prepared;

1. Records of seizure and the list of seizure;

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

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the election of penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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