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(영문) 수원지방법원 2015.01.28 2014고정2431
업무상과실장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 6,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant B is a person who collects scrap water, and Defendant A is an owner of “E”.

1. Larceny;

A. At around 03:00 on March 22, 2014, Defendant B: (a) stolen a 10 pump of 200,000 square meters from the victim’s G ownership on the front side of the construction site F in Sung-si; (b) by carrying 10,000 won in a H ready-light vehicle ties.

B. On March 28, 2014, at around 03:37, Defendant B: (a) stolen five water pumps equivalent to KRW 100,000,00,000 from the victim G owned on the front of the construction site F in Sung-si, F, by means of loading them on the Hawn-si Tridge.

2. Acquisition of goods by occupational negligence:

A. At around 07:30 on March 22, 2014, Defendant A purchased 10,000 won valuable goods equivalent to 200,000 won at the victim G ownership price that he stolen from Defendant A.

In such cases, the defendant, who is engaged in the property-related business, has a duty of care to verify whether or not the construction materials are stolen by ascertaining the personal information B, etc., and the details of the acquisition of the construction materials, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care, purchased the above construction materials in KRW 15,000 by negligence and acquired the stolen.

B. At around 07:30 on March 28, 2014, Defendant A acquired stolens from “E” located in Suwon-si, Suwon-si, in the same manner as that of the preceding paragraph, at KRW 7,000,00 in the market price of the victim’s possession, such as the preceding paragraph, and in the same way as that of the preceding paragraph.

"2014, 2432"

1. On May 9, 2014, around 16:38, Defendant B entered the 1344-6 Jeju Dasan dong, 134-6 Jeju Dasan dong, and carried three her her bbbbbbhers in a ready-light car in which the Defendant driven three her her brechers, the market price of which is approximately KRW 1,500,000,000 under his/her custody.

Accordingly, the defendant stolen the victim's property.

2. Defendant A’s Defendant at Suwon.

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