logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.11.27 2014고단4982
업무상과실장물취득
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

The defendant is a person who is engaged in trading of a mobile phone at the defendant's house located in Daegu Northern-gu B building 608 906 dong 906.

On September 3, 2012, the Defendant purchased 31 Samsung Ggal ju City equivalent to the market price, which is the victim's possession, that was acquired by the victim D, who was in the above defendant's house, operated by the victim D in Daegu Dong-gu, Daegu Dong-gu, by the accounting of the SK Telecom E agency.

In such a case, the defendant, who is engaged in the business of trading double-phones, has a duty of care to confirm whether the seller is stolen or not, on the other hand, because he knew that the seller's personal information, etc. is the buyer of the above E-agency, the process of acquisition of the double-phones, the motive for sale, and F are the employee of the E-

Nevertheless, the Defendant, while neglecting such care, purchased one mobile phone price of KRW 520,000 by negligence and neglecting the judgment on the stolen goods, and acquired stolen goods by purchasing KRW 579 from such time to February 13, 2014, which was 333,970,000.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A copy of the list of loss of a C terminal, receipt certificate, or the details of purchase of a used mobile phone;

1. Details of bankbooks through which the suspect is a national bank; and

1. Application of Acts and subordinate statutes to inquiries about history of changing terminals;

1. Articles 364 and 362 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the degree of negligence of the defendant, the number of mobile phones acquired, and the fact that the defendant was punished by a fine of KRW 2 million due to the crime of acquiring stolen goods in 2012, and the fact that the defendant is divided and reflected by mistake, and other major circumstances such as the motive, background, means and method of the crime in this case, circumstances before and after the crime, and the age, character, career, environment, etc. of the defendant as shown in the argument in this case.

arrow