logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2012.10.11 2011고정3261
업무상과실장물취득
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a secondhand world with the trade name "D resources in the Dongbcheon City of Gyeonggi-do."

At around 10:30 on November 1, 201, the Defendant purchased a large amount of construction materials equivalent to KRW 2,000 at the market price of the Victim G Co., Ltd., which was stolen by F from E, 680, Acebiopia pipe 400, ethyl 68, etc.

In such cases, the defendant, who is engaged in the property-related business, has a duty of care to verify whether the seller's personal information, etc. is recorded in the purchase account book, and the above construction materials are acquired, the details of the acquisition of the above construction materials, the motive for the sale, the price suitable for the transaction price, etc.

Nevertheless, the Defendant, without properly verifying the personal information of E, F, etc., purchased the construction materials with 4.4 million won, which was negligent in performing due care, such as failing to properly examine the developments leading up to selling them with the scrap metal even though the said construction materials are relatively good.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspects of F and E by the prosecution;

1. Application of Acts and subordinate statutes on the statement of H;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. The defendant and his defense counsel convicted of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses claim that the defendant had been unaware of the fact that the construction materials of this case are stolen and fulfilled his duty of care at the time of purchase.

In other words, the following circumstances acknowledged by the evidence examined by this Court, i.e., ① even before the instant case, E was a small-scale transaction with a small amount of 10,000 won only, while the purchase price was a small-scale transaction with the Defendant. On the other hand, the instant construction materials were weighted to about 11 ton, and F, after the arrival of E first, are loaded with construction materials on freight trucks and car ckes.

arrow