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(영문) 서울중앙지방법원 2014.06.25 2014고정2136

업무상과실장물취득

Text

Defendant

A and C shall be punished by a fine of KRW 3 million, Defendant B and D, each of whom shall be punished by a fine of KRW 4 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in a secondhand trading business.

On March 19, 2014, the Defendant purchased the victim H-owned car of KRW 1,500,000 from G in front of the F in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

In such cases, the defendant, who is engaged in the business of the secondhand trading, has a duty of care to verify whether the owner of the vehicle is the owner of the vehicle or whether the owner is delegated the sale of the vehicle, and to request the acquisition details of the vehicle, the motive of the sale, and the price of the vehicle suitable for the transaction prices.

Nevertheless, the Defendant purchased the above vehicle at KRW 500,00 without confirming the above matters at all, and acquired the stolen goods by negligence in the course of business.

2. Defendant B is a person who is engaged in the middle and high-ranking trading business.

On February 10, 2014, the Defendant acquired occupational goods through the occupational negligence around February 10, 2014, through L from the K shooting distance in the J of the Y of the Y, the Defendant purchased the Nststren car in the amount of KRW 5 million at the market price of the victim M acquired by G through L.

In such cases, the defendant, who is engaged in the business of the secondhand trading, has a duty of care to verify whether the owner of the vehicle is the owner of the vehicle or whether the owner is delegated the sale of the vehicle, and to request the acquisition details of the vehicle, the motive of the sale, and the price of the vehicle suitable for the transaction prices.

Nevertheless, the Defendant purchased the above vehicle at KRW 2.5 million without confirming the above matters at all, and acquired the stolen goods by negligence in the course of business.

B. On February 11, 2014, the Defendant for the acquisition of goods through occupational negligence on February 11, 2014: K private distance in the JJ around 11, 2014 and 2. A

G in such a manner as provided in paragraph (1).