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(영문) 서울중앙지방법원 2017.10.12 2017고단1640
업무상과실장물취득
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 27, 2016, the Defendant was sentenced to a suspended sentence of two years in the imprisonment without prison labor for four months for the acquisition of goods from the superior branch office in Seoul Southern District Court, and the judgment on October 5, 2016 became final and conclusive and conclusive during the suspended sentence.

【Criminal Facts】 The Defendant is a person engaged in the sale and purchase of heavy mobile phones while operating street points on the rear side of Jung-gu Seoul Metropolitan Government (Seoul Metropolitan Government).

On October 16, 2016, the Defendant was sentenced to a suspended sentence of two years for larceny at the Seoul Central District Court on December 1, 2016 (finality). The Defendant purchased the amount equivalent to KRW 300,000,000 of the market value of one smartphone, which was owned by the Victim E, on a yellow gallon, in a yellow galle, owned by the Defendant.

In such cases, the defendant who is engaged in the trade of heavy mobile phones has a duty of care to verify the identity of the seller and enter the details of the acquisition of the mobile phone, the motive for the sale, and whether the price suitable for the transaction price is demanded.

Nevertheless, as long as the defendant neglected the above care and neglected the judgment on the stolen water, the defendant purchased the above smartphone 50,000 won from 50,000 won by negligence in the course of business.

In addition, the Defendant purchased nine smartphones that were stolen or lost on nine occasions during the period from around that time to early November 2016 and acquired stolen goods by occupational negligence by purchasing nine smartphones that were stolen or lost by nine victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Part concerning D in the second examination of suspect against the defendant during the second examination of suspect;

1. A protocol or statement concerning suspect examination of the police against D;

1. Each police statement made to F, G, H, I, J, and K;

1. Each written statement of L, M and E;

1. A protocol of seizure and a list of seizure;

1. Report on internal investigation (verification of on-site visits);

1. A report on investigation (on-site photographs of the suspect);

1. Seoul Central District Court Decision 2016 High Order 8035 decided January 1, 201

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