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(영문) 인천지방법원 2018.11.14 2018고단6664
업무상과실장물취득
Text

Defendant

A A shall be punished by a fine of KRW 4 million, Defendant B, and C, respectively, by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A, B, and C are engaged in the commercial of high water.

1. The Defendant acquiring water from the head of the superior division of Defendant A’s duties from around 06:00 on February 28, 2018 to February 27, 2018:

2. 28. G and H purchased approximately KRW 770 kilograms of 76 million in special amount equivalent to the market price of 76 million, the victim I owned by G and H, and approximately KRW 680km in pet-V ( Pestumumumumum) and approximately KRW 770km in Pubden.

In such cases, the defendant, who is engaged in the physical sale business, has a duty of care to verify whether he/she is stolen by ascertaining his/her personal information, etc., and, in case of acquisition, the motive for the sale and the demand for the price suitable for the transaction price, etc.

Nevertheless, the Defendant neglected to pay such attention and neglected to determine the stolen water, thereby purchasing approximately KRW 1,450 g of the special aggregate metal amounting to KRW 2,1980,00,000 and acquiring stolen goods.

2. Acquisition of water from Defendant B’s superior officers and office chiefs;

A. From March 10, 2018 to March 9, 2018, the Defendant at the K Office located in the Nam-gu Incheon Metropolitan CityJ around 09:30 on March 10, 2018

3. 10. 10. The victim I, together with G and H, purchased approximately approximately KRW 2,000 of the special amount of 76,072,00,000 at the market price of the victim I, equivalent to KRW 76,072,00.

In such cases, the defendant, who is engaged in the trade of special metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of G and H, while in the case of acquisition, he/she is obliged to verify whether he/she demands the motive for the trade and the price suitable for the trade price

Nevertheless, the Defendant acquired stolen goods by purchasing KRW 57450,00 g 2,000 g 5,74550,000, as well as neglecting such care and neglecting the determination on the stolen goods.

B. From March 29, 2018 to March 28, 2018, the Defendant at the K Office located in the Nam-gu Incheon Metropolitan CityJ around 08:00 to March 28, 2018.

3.29. The victim I, together with G, has been stolen at the market price of KRW 109,574,870.

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