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(영문) 서울동부지방법원 2019.06.11 2019고정398
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

The Defendant is a person who is engaged in the sales of mobile phones with the trade name of "D" from the 6th floor of the C Burial in Gwangjin-gu Seoul Special Metropolitan City.

From July 2018 to October 2018, the Defendant purchased three mobile phone devices worth KRW 3,667,400 in total at the market price of 1,360,700, the victim F, which he stolen from E at the above store and the above building underground parking lot, and KRW 1,360,700 in color, each of which is the victim F, and KRW 946,00 in color, the market price of which is equivalent to KRW 946,00 in goldphone 8 mobile phone.

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 ascertaining the personal information, etc. of E, while he/she has a duty of care to verify whether he/she is stolen by properly examining the details of acquisition and ownership of the mobile phone

Nevertheless, as the Defendant neglected the above care and neglected the judgment on the stolen goods, he purchased 800,000,000,000, and 400,000,000,000, respectively, for occupational negligence.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. The police statement concerning F;

1. A report on investigation (in cases of accompanying material by the victim F submitted);

1. Investigation report (to attach reference materials to be submitted to suspect E);

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis report);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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