logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.08 2018노1021
업무상과실장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, was negligent on duty on the part of the Defendant, since he was unaware of the fact that the instant steel bars were stolen, and was never known.

subsection (b) of this section.

Nevertheless, as the court below found the defendant guilty, the court below erred by misapprehending the legal principles.

B. The sentence that the court below sentenced against the defendant (the penalty amounting to KRW 1,000,000) is too unreasonable.

2. Determination

A. The defendant alleged that the facts were identical to the grounds for appeal at the court below's judgment, and the court below rejected the above assertion on the grounds of the judgment, such as the following: (a) the defendant stated in the certificate of acceptance of the instant iron bars that G finally accepts the said iron bars; (b) the defendant sent to M (F) after the defendant or the above M was not indicated in the certificate of acceptance; and (c) the defendant or the above M was immediately shipped out of the steel company; and (d) it is difficult to regard the instant iron bars as surplus portion as immediately shipped from the steel company; and (e) it was at a price lower than the market price. In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable.

Although the Defendant asserts that there was no transaction with “I,” which stolen the instant steel bars, and did not know, the Defendant signed “I” on the certificate of acceptance of the instant steel bars (the defense counsel’s opinion on March 9, 2018). In this regard, the Defendant stated that “I” was signed without carrying the certificate of acceptance in detail, and that it was only signed as F’s signature (the reason for appeal by April 30, 2018). Although the destination was clearly stated on the certificate of acceptance of the steel bars shipped out from the producing factory, it was traded differently, and furthermore, if the Defendant had to sign on the certificate of acceptance under another person’s name, other than his/her own name, then the situation is the situation.

arrow