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(영문) 대전지방법원 2014.05.22 2014고정194
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 7, 2012, the Defendant: (a) was a person engaged in the business of selling used cars in the name of B; and (b) the complainant C (Nam, 41 years of age) borrowed KRW 5 million from the bond company E to the bond company; (c) provided the said vehicle as security; and (d) agreed to recover the said vehicle after two months.

On May 25, 2012, the Defendant purchased at KRW 20,160,00,000 from F, a used vehicle dealer of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul-si”), even though the period for borrowing agreed upon with the complainant was not yet arrived, the Defendant purchased at KRW 20,00,000,00 from F, a used vehicle dealer of Seongbuk-si (hereinafter referred to as the “C”) who voluntarily disposed of and embezzled for the embezzlement.

In such cases, the defendant, who is engaged in the sale of used cars, has a duty of care to confirm whether he/she has received a request for sale from the complainant for the vehicle that he/she intends to purchase or sell.

Nevertheless, the Defendant neglected such care and acquired stolen goods by paying an administrative fine of KRW 1,60,000,000,000,000,000 for the vehicle as set forth in the above vehicle, on the ground that he neglected to make a judgment on the stolen goods, such as the registration certificate in the name of the complainant, the certificate of the personal seal impression and the seal affixed only to the seal affixed in the name of the complainant, the letter of delegation of the loan, the letter of acceptance of the vehicle liability, the towing due to the waiver of the vehicle, and the failure to verify the authenticity of the letter, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on motor vehicle registration certificates;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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