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Reasons
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(영문) 인천지방법원 2016.03.31 2015고정900
장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On April 8, 2015, Defendant A was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and the above judgment became final and conclusive on October 30, 2015.

The defendant is a mobile phone dealer.

On November 14, 2012, the Defendant acquired 15 mobile phones, which are the stolen goods acquired from mobile operators by means of the same method from mobile operators, from around 15 to May 31, 2013, including purchasing 500,000 won at the gallon-210 SHV-210 mobile phone terminal, which is a stolen goods acquired by mobile operators, by opening in the name of a subsidiary corporation E, a subsidiary corporation, without the intention to pay the intention, installment, etc. to be used by mobile phone distributors D, etc. at an insular location located in Bupyeong-si, Seocheon-si.

2. Defendant B is a person who is engaged in the purchase and sales business of a heavy mobile phone terminal.

On March 13, 2013, the Defendant purchased 9 mobile phone terminals from F, which is a mobile phone dealer, in the street in the vicinity of the Busancheon-si Station.

In such cases, there was a duty of care to confirm the personal information of the seller of the mobile phone, the source of the purchased mobile phone, theft, the name of illegal use, etc.

Nevertheless, as long as the Defendant neglected to make a judgment on the stolen goods, the Defendant acquired approximately 500 cell phone terminals, which are stolen goods, from F, from around that time to August 13, 2013, as well as from around 500 cell phone terminals, which are stolen goods.

Summary of Evidence

1. The defendant A's partial statement

1. Statement made by the defendant B in the third public trial record;

1. Each legal statement of witness G and H (defendant A)

1. Statement of the witness I in the fifth public trial protocol (defendant A);

1. A protocol concerning the examination of suspect concerning F by the prosecution (as to the defendant B);

1. Two times in relation to F (in relation to Defendant B), a protocol of suspect examination of the police (in relation to Defendant B).

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