업무상과실장물취득
Defendant
A shall be punished by imprisonment without prison labor for six months, by imprisonment without prison labor for four months, respectively.
except that from the date this judgment becomes final and conclusive.
Punishment of the crime
피해자 주식회사 D(대표이사 E, 이하 ‘피해회사’라 한다)는 인천 동구 F에서, 수입된 1차 가공목재를 한치각 긴 원목을 네 개의 각으로 쪼갠 각재는 가로, 세로, 높이에 따라 칭하는 용어가 있는데, ‘한치각 또는 다루끼’는 가로와 세로의 길이가 한치 즉 약 3cm 라는 의미에서 유래하여 일반적으로 30X30X3600mm 또는 27X27X3600mm 규격인 각재를, ‘투바이’는 가로가 세로보다 2배가량 길다는 의미에서 유래하여 일반적으로 69X30X3600mm 또는 65X30X3600mm 규격인 각재를 일컫는 은어이다.
A corporation with the objective of secondary processing of interior materials, such as Nabala, with a view to selling them on domestic timber. G from August 1, 2012, as the site manager of the damaged company, was in charge of internal affairs of the victimized company, such as processing process supervision, inventory management, etc. in accordance with the direction of E. Around August 1, 2012. A person who carried out the timber of the victimized company after leaving it out of the damaged company by taking advantage of the circumstances where inventory surveillance of the victimized company was neglected.
1. Defendant A has been engaged in a wood business for about 40 years, including running a wholesale and retail business of interior materials with the trade name “H” from October 2002.
On May 21, 2014, the Defendant purchased KRW 6,752,00 (based on the purchase price of the damaged company; hereinafter the same shall apply) equivalent to KRW 6,752,842 (based on the purchase price of the damaged company; hereinafter the same shall apply) at KRW 4,752,00, and paid the purchase price of the goods to the account of the I Bank (J) in G’s name, with the intention of “I Bank account (J) whether the president of the material in question is able to sell the material in cash instead of 20% or more of the market price.”
In such cases, the defendant who is engaged in the timber trading business shall be the information on the purchasing place, G not the purchasing place, and the personal account in cash or G.