beta
(영문) 수원지방법원 성남지원 2013.08.08 2013고정306

업무상과실장물취득

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in trading of a heavy mobile phone at a company called C which purchases and resells a heavy mobile phone.

On September 30, 2012, at around 20:00 to 21:00, the Defendant purchased a observer white mobile phone with an option of KRW 990,00 in the market value of the victim E-owned by the Defendant, who stolen from D in front of the Gu Gwangju City, located in Song-dong, Gwangju City.

In such cases, the defendant, who is engaged in the trade of heavy mobile phones, has a duty of care to verify whether he/she is stolen by taking into account well the background of acquiring the mobile phone, motive for sale, and demand for the price suitable for the transaction market price.

Nevertheless, the Defendant neglected the above care and purchased one of the above mobile phone prices in KRW 50,000 by negligence, which neglected the judgment on stolen property.

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

Summary of Evidence

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. Part of the police statement concerning F;

1. Application of Acts and subordinate statutes on report of occurrence;

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