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(영문) 서울서부지방법원 2015.09.16 2015고단1139
업무상과실장물보관
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny at the Suwon District Court on August 20, 2014, and the said judgment became final and conclusive on March 28, 2014.

The defendant is a person who has been engaged in credit business in Mapo-gu Seoul Metropolitan Government as "D."

The Defendant provided loans to E from the end of July 2012 to the end of August 2012, 2012, each two of the two types of BMW740Li car 4 units (G, H, I, and J) owned by each lease company, which is a stolen property acquired through delivery, under a respective lease contract with E without any intention to pay lease fees under the name of E from F.

In this case, the defendant, who is engaged in credit business, has a duty of care to confirm whether the defendant is stolen by verifying the circumstances that many high-priced automobiles are offered as collateral by E, not the nominal owner of each lease contract, and whether each lease company is permitted to provide security.

Nevertheless, the Defendant neglected such care and neglected to communicate with each lessee company, who is the nominal owner of the lease contract, and neglected to decide on the stolen property, thereby being provided with and keeping the said car as security by negligence.

After all, the Defendant kept stolens by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by the F;

1. Indictment and a copy of the written judgment;

1. Previous records of a judgment: The references to criminal records, criminal investigation reports (report attached to the records of the judgment), and the application of each of the court rulings (14-150 pages of investigation records) shall apply to statutes;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the election of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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