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(영문) 울산지방법원 2018.02.20 2017고정1369

업무상과실장물취득

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in the business of purchasing and selling scrap metal, such as scrap metal, while operating “D” on the secondhand goods located in Gangseo-gu Busan Metropolitan Government C.

On June 10, 2015, the Defendant purchased 1,000 km and other metal materials from “G” operated by F in Ulsandong-gu E, Ulsan-gu.

In such cases, the defendant, who is engaged in the water-related business, has a duty of care to confirm and describe the above F's personal information, and to check whether the state of metal materials, such as V, the process of acquisition, the motive for sale, and the price appropriate for the transaction price, etc., are well examined.

Nevertheless, as long as the Defendant neglected to pay the above attention and neglected to judge whether the goods were stolen, the Defendant acquired the stolen goods by purchasing in KRW 1,000 g of metal materials, such as the above V, which was stolen, from around 1,300,000.

In addition, the Defendant acquired the stolen goods worth KRW 6,00,200,000, total purchase value of metal materials such as 6,000 g and 8,20,000, such as V owned by Hyundai Heavy Industries Co., Ltd., at least six times in total, as shown in the attached list of crimes (1) by negligence in the course of business, when he neglected to determine whether the stolen goods were stolen from around February 27, 2015 to May 7, 2015.

2. Defendant B is a person engaged in the business of purchasing and selling scrap metal, such as scrap metal, while operating the “H” on the secondhand in Gangseo-gu Busan Metropolitan City.

On April 6, 2016, the Defendant purchased 1,200 km and other metal materials from “G” operated by F in Ulsandong-gu E, Ulsan-gu.

In such cases, the defendant, who is engaged in the water-related business, shall verify and describe the above F's personal information, and also be suitable for the status of metal materials such as the above V, the process of acquisition, the motive for sale, and the transaction price.