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(영문) 부산지방법원 2014.04.24 2013노3747
업무상과실장물취득
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that there were special circumstances to suspect whether the Defendant was a stolen gift certificate at the time when the Defendant purchased the gift certificate of this case, and that it is difficult to find the Defendant not guilty on the grounds that it was difficult to recognize that the Defendant had a duty of care for business, even if he could have known that the gift certificate of this case was a stolen gift if he had exercised a more serious care, the lower court erred by misapprehending the legal principles on occupational negligence or by misapprehending the legal principles on occupational negligence

2. The Defendant is a person who is engaged in sales of merchandise coupons using vehicles E in the category of D department store C located in Busan Jin-gu, Busan.

Around 11:00 on March 20, 2013, the Defendant purchased approximately KRW 150,000, totaling KRW 150,000 and KRW 5,00,00 from F in his own vehicle.

In such cases, the defendant, who is engaged in the sales of merchandise coupons, has a duty of care to verify whether he/she is stolen by ascertaining the F personal information, etc., and to request the details of the acquisition of merchandise coupons, the motive of the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen goods, purchased the amount of approximately 150 merchandise coupons in KRW 935,000 by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

3. As to the facts charged in the judgment, the court below found the following circumstances acknowledged by the evidence, i.e., ① the F found in the court below's judgment to sell books, cultural merchandise coupons, cultural merchandise coupons, piracy money merchandise coupons, which were stolen with the knowledge of mass purchase or sale on the side of the D department stores, and among them, the F was put to the Defendant's merchandise coupon stores, and the Defendant was sentenced to punishment.

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