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(영문) 대구지방법원 포항지원 2018.02.21 2017고단755
장물취득
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. The primary charge (acquisition of stolen goods) is a person who operates a wholesale and retail business of fishery products from May 1, 2013 to C with the trade name of C.

D The victim E and the ship will be purchased and operated on December 2, 2013, while the victim contributed money, such as the purchase of the ship, and the victim is in charge of the conclusion of the labor contract or the fund expenditure affairs with the crew as the actual owner of the ship. D decided to manage the ship as the captain of the ship after the purchase while carrying out the business of purchasing the ship, and distribute profits generated from the operation of the ship.

around January 2014, the Defendant listened to the language that he would purchase the vessel as above from D and was aware of it.

In introducing F’s ship(G), the name of the holder of the right of a lawsuit was recommended to be the name of H, one of his books, under the pretext of obtaining a large number of loans from financial institutions.

D and the victim, around January 21, 2014, entered into a contract to purchase “Power-driven G” in KRW 1.385 billion from the former owner F to the former owner, and paid KRW 85 million as a down payment, and KRW 8.5 million out of the payment, to succeed to the financial right loans, and KRW 1.55 million out of the remainder of the payment is known to the Defendant.

I made it possible to set off the claim against F, to have I pay the remainder of 300 million won on credit, and to pay the ship price. On January 27, 2014, the ownership registration of the above ship was made under H name.

After that, from November 2015, D was in charge of fishing operations in the sea as the captain of the above vessel until November 2015, and the victim maintained a partnership with the method of concluding a seafarer labor contract or taking charge of funding and financing as the owner of the above vessel.

On November 14, 2015, the defendant sold D at his own discretion without the consent of the victim, even though the above ship is a business property of D and the victim in the French land around Busan.

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