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Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 3,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A: (a) was a store with a Handphone; (b) was admitted by personally providing more subsidies than those provided to customers in order to attract customers; and (c) was unable to receive the promised subsidies; and (d) was committed with intent to steal the handphone stored in the store in order to raise money to be used for personal purposes by making it difficult to receive the promised subsidies from customers, and to raise money for personal purposes.
On July 28, 2012, the Defendant, in the “F” for the operation of the Victim E in Daejeon Pungdong-gu, Daejeon, stored two Handphones owned by the victim in a gambling room, and stolen the amount equivalent to KRW 1,867,80,00 from around that time to August 11, 2012, by putting two Handphones owned by the victim in a gallon, putting all other employees out of the said gallon, and using the said ballon, thereby cutting down the amount of KRW 1,867,80,00 in a total of 10 times from that time to August 11, 2012.
2. On July 28, 2012, Defendant B purchased the amount equivalent to KRW 1,867,800 at the market price of “galgalgno” Handphones, a victim E, who was stolen by the said Party A, from a person engaged in the trade of middlephones.
In such cases, the defendant, who is engaged in the sales of doublephones, has a duty of care to confirm whether the defendant is stolen by taking into account the following: (a) the process of acquiring Handphones, the motive for the sale, and the price at which the transaction price is appropriate, etc. from A selling the Handphones which are not opened in a package of gambling.
Nevertheless, unless the Defendant neglected such care and neglected the determination on the stolen goods, the Defendant acquired the stolen goods by purchasing two Handphones of 860,000 won from 860,000 won and by negligence, and at least ten times, from around that time to August 11, 2012, as indicated in attached Table 2.