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(영문) 부산지방법원 2013.12.12 2013고정4802
업무상과실장물취득
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates “D” located in Busan Seo-gu C.

At around 14:00 on March 15, 2013, the Defendant purchased GSknx lux 200 liters equivalent to KRW 500,00 in the market value of the victim G that he stolen from E and F from the above industrial company.

In such cases, the Defendant, who is engaged in the business of purchasing lub oil in the course of operating an industrial company, has a duty of care to verify the acquisition process, motive, and price of lub oil suitable for the transaction prices by checking the personal information of E, etc., and to verify whether or not it is stolen.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods, thereby purchasing the above GSST 200 liter 2 drum in total in KRW 600,000,000.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

2. Defendant B is a person operating “I” in Gangseo-gu Busan Metropolitan Government H.

On March 15, 2013, at around 15:30 on March 15, 2013, the Defendant purchased GSknx lux lub 200 liters equivalent to KRW 500,00 in the market price of the victim G that he stolen from E and F from the above industrial company.

In such cases, the Defendant, who is engaged in the business of purchasing lub oil in the course of operating an industrial company, has a duty of care to verify the acquisition process, motive, and price of lub oil suitable for the transaction prices by checking the personal information of E, etc., and to verify whether or not it is stolen.

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods, thereby purchasing the said GSS-TT 200 liter 280,000 won by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against E and J.

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