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(영문) 서울중앙지방법원 2013.09.09 2013고단4798
업무상과실장물취득
Text

Defendant

A Imprisonment without prison labor for eight months, Defendant B, C, and D, and Defendant E shall be punished by a fine of KRW 1,00,000.

Reasons

Punishment of the crime

1. Defendant A (acquisition of occupational stolen) is a person engaged in the purchase and export of mobile phones with the trade name of “M” or “N” in Mapo-gu Seoul Metropolitan Government L.

As above, the defendant who is engaged in the business of purchasing heavy cell phones has a duty of care to verify whether the seller's personal information, etc. is a seller, while checking the process of acquisition of heavy cell phones and the demand for prices suitable for transaction prices, etc.

Nevertheless, from around 10:00 on December 11, 2012 to around 14:00 on the same day, the Defendant, while neglecting the above duty of care and neglecting the determination on the stolen goods at the above office, purchased at KRW 55 times in total, from that time, one of the mobile gallony LTE at a market price equivalent to KRW 693,00,00, which was lost by O due to occupational negligence, with knowledge of the fact that it is a stolen property, the Defendant purchased at KRW 140,000, more than the market price.

2. Around November 22, 2012, Defendant B (acquisition of stolen property) acquired 21 times in total, from around November 18, 2013 to around January 18, 2013, the Defendant acquired 80,000 won mobile phone numbers with knowledge of the fact that Q is a stolen property, from an influence of name in the P Nogalian-gu P Nogalian-si P Nogalian-si Pno-si, Busan-si.

3. From March 2012 to May 2012 of the same year, Defendant C (acquisition of stolen property) acquired stolen property 17 times in total from around December 19, 2012 to around December 19, 2012, by acquiring 1,40,000 won with knowledge of the fact that T is a stolen property, from a person with no personal knowledge of his/her name, from a person with no personal knowledge in order to acquire one stolen property.

4. Around November 28, 2012, Defendant D (acquisition of stolen property) is U.S. from a person who is infinite name in the mountain basin located in Gyeyang-dong, Gangseo-gu, Seoul.

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