업무상과실장물취득
The judgment of the court below is reversed.
Defendant
A 2,000,000 won, Defendant B 700,000 won, and Defendant C.
1. Summary of grounds for appeal;
A. The Defendants did not engage in occupational negligence on the acquisition of stolen property because all of the Defendants had gone through the seller’s identification procedure and exercised due care.
Nevertheless, the judgment of the court below which found the Defendants guilty of all the charges of this case is erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment.
B. Each sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million, and Defendant C: a fine of KRW 2 million) imposed by the lower court on the Defendants is too unreasonable.
2. Determination
A. 1) The judgment of the court below also asserted the purport similar to this part of the grounds for appeal, and the court below rejected the above argument in detail from the 4th to 6th 19th am of the judgment. The court below convicted all of the charges of this case. 2) If there are special circumstances to suspect whether the goods are stolen or not, or the nature and kind of the goods purchased and the identity of the seller, etc. of the goods were acquired through a more detailed care, even though they could have known that the goods are stolen or not, the crime of acquiring stolen goods by occupational negligence is established if they were acquired through a negligent care even though they could have known that the goods are stolen or not. Whether there was a special circumstance to suspect whether the goods are stolen or not, or whether they could have known that they are stolen or not, should be determined by taking into account all the circumstances such as the seller's personal information, status, nature and type of the goods, their price, objective relation between the seller and the seller, and the seller's speech and behavior, etc.
(Supreme Court Decision 2003Do348 delivered on April 25, 2003). In addition to the circumstances mentioned in the judgment of the court below, the evidence duly adopted and examined by the court below.