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Reasons
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(영문) 울산지방법원 2014.10.20 2014고정1252
업무상과실장물취득
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Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defendant A is serving as an employee in the “E” on solid merchants in Ulsan-gu, Ulsan-gu.

At around 14:00 on August 27, 2013, the Defendant purchased 7 km pipes owned by the Victim G, which he stolen from F on the above water surface.

In such cases, the defendant, who is engaged in the business of selling and buying solid goods, has a duty of care to verify whether he/she is a stolen property by checking the personal information of the above F and how he/she acquired them well.

Nevertheless, the Defendant, while neglecting the above duty of care and neglecting the judgment on the stolen, purchased the pipe in KRW 50,000 and acquired the stolen.

2. Defendant B is operating the “I” of a secondhand merchant in Ulsan-gu H.

On August 2013, 2013, the Defendant purchased 8 kkg of the Victim G water supply, which he stolen from F, from F on the above top of the water.

In such cases, the defendant, who is engaged in the business of selling and buying solid goods, has a duty of care to verify whether he/she is a stolen property by checking the personal information of the above F and how he/she acquired them well.

Nevertheless, the defendant acquired stolen goods by purchasing 17,000 won the upper flap, so long as he neglected the judgment on the stolen goods with the above duty of care and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements (the third trial date)

1. The police statement concerning G;

1. Photographs of the damaged article and its scene photograph;

1. Investigation report (verification of suspect's belongings and residence);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 364 of the Criminal Act and Articles 364 and 632 (1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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