업무상과실장물취득
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
C was engaged in the business of supplying, storing, and managing materials input to the Corporation at the construction site located in Songpa-gu Seoul Metropolitan Government (hereinafter “victim”) that came into operation by the Victim Tho Lake Co., Ltd., (hereinafter “victim”). From January 27, 2016 to October 20 of the same year, C embezzled materials, such as ice lease materials, pipes, etc. in a quantity not owned by the victim, by selling remaining materials to F, who ordered materials used to be used at the above construction site to exceed the actual required quantity. From January 27, 2016 to October 20 of the same year, C embezzled materials, pipes, etc. in the quantity of the damaged company embezzled as seen above, and sold KRW 2,878,00,000,000 in total, knowing that they were stolen.
The Defendant, from Suwon-si, operated the top in the name of “H” in Suwon-si, was engaged in the business of selling and selling high water, and from January 27, 2016 to October 20 of the same year, from “H” to “H”, the Defendant purchased the quantity of the victim that F purchased from “H” as above.
In such cases, the defendant, who is engaged in the business of selling high-water, has a duty of care to verify whether the defendant is stolen by properly examining the process of acquisition of the above testing materials, pipes, etc., the motive for sale, and whether the price suitable for the transaction price is demanded.
Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen water, but purchased approximately KRW 260,330,000 of the price for the above quantity of the ice lease material, pipes, etc.
Accordingly, the Defendant acquired stolen goods by occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect by the prosecution against C or F;
1. Application of Acts and subordinate statutes on police statements made to I;
1. Articles 364 and 362(1) of the Criminal Act of this Act concerning criminal facts.