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(영문) 대전지방법원 천안지원 2013.07.18 2013고단107
업무상과실장물취득
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the business of trading, etc. of scrap iron in the name of "F" in Asia-si, and Defendant B is a person who is engaged in the business of trading, etc. of scrap iron using a poter vehicle without business registration in Pyeongtaek-si.

1. The Defendants’ co-principal

A. Defendant B purchased an automobile engine parts EGR-school machine (a exhaust gas reduction device) at a low-frequency market price (products 72, 200km) owned by the victim H (Representative), Inc. (I), which he/she embezzled from G at a place where it is not known on January 8, 2012, as a result, Defendant B purchased 5,540,000 won per unit (products 77,000 won per unit).

In such cases, the Defendant, who is engaged in the sales of scrap metal, has a duty of care to verify whether the goods are stolen by examining well the identity of G, the process of acquiring the goods to be purchased, the nature and type of the goods, the motive of the sale, and the demand for the price suitable for the transaction price.

Nevertheless, from January 1, 2012, the Defendant was aware that G was a person in charge of the storage and transportation of automobile engine parts EGR-schoolr products produced by the victim company after entering into the consignment cargo transport contract with the victim company from around January 1, 2012. The Defendant, who seeks to continuously purchase a large quantity of scrap metal from the person carrying out the storage and transportation of the products, has a very doubtful relation with the ownership of the products and the process of sale. Moreover, the automobile engine parts EGR-school machine of this case, which are subject to sale, can be easily known that it is a normal product, not a scrap metal, because the part identification slip and the seal for confirmation are indicated, so it is necessary to accurately confirm the contents thereof with the victim company and purchase them. However, without hearing the G’s horses and without examining them, by negligence, the Defendant acquired stolen goods at KRW 110,000 per minute.

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