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(영문) 대전지방법원 서산지원 2019.01.24 2018고정190
업무상과실장물취득
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in wholesale and retail business, such as steel, under the trade name of Co., Ltd. at the time of Jinjin-si.

On July 27, 2016, the Defendant acquired at KRW 24,263,685, 200, the Defendant acquired KRW 52.696 tons of raw materials in 10 meters in 24,263,685, from the place of business of the said D D Co., Ltd., Ltd., which was the victim F Co., Ltd., and the employees of G Co., Ltd., Ltd., for the steel processing business.

In such cases, a person engaged in the wholesale and retail business of steel, etc. is the owner of the above raw materials, and in some circumstances, the owner of the above large quantity of the raw materials for steel should be confirmed, and there was a duty of care to enter the quantity, type, purchase price, seller, etc. in the purchase account book.

Nevertheless, the Defendant paid the price of the steel goods for the Defendant’s funds, and issued a tax invoice only on 12.23 tons of the total purchase volume, and, in general, acquired the steel goods, as seen above, by negligence in the course of business, by failing to perform the above duty of due care, such as by failing to keep the Defendant after receiving a detailed statement of transaction from a freight engineer despite the entry of F in the column of the consignee of the transaction statement, which would normally be kept by the freight supplier who is not the Defendant, but by failing to perform the duty of care in the name of H, which stolen the steel bars, and by failing to perform the above duty of care, the Defendant acquired the steel goods, a stolen object.

2. Defendant B is a person engaged in wholesale and retail business, such as steel, under the trade name of J Co., Ltd. from Siljin-si.

On March 23, 2016, the Defendant acquired KRW 23,186,00 from the place of business of the J, the Defendant, as a broker of A, a land owner, to acquire KRW 52.696 tons of 10 meters of the steel-reined raw materials that were stolen by H, an employee of G, a company entrusted with steel-reindive processing, as the victim F, Ltd., Ltd., for 23,186,00.

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