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(영문) 대구지방법원 2016.03.17 2016고정310
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the mobile phone sales business with the trade name called “D” in the Seogu-gu Seoul Underground Commercial Building B column 5.

On October 24, 2015, the Defendant: (a) purchased one of the above E, which was the victim’s name, stolen from E at the above store around 15:00 on October 24, 2015; (b) as a person engaged in the business of trading a mobile phone with the amount of KRW 900,000,000 in the market price owned by E, the Defendant: (c) confirmed the personal information of the above E, which was verified by the resident registration certificate; and (d) neglected his/her duty of care to verify whether the process, timing and time of acquisition, price of acquisition, motive for sale, and demand the price suitable for the market price; and (e) acquired the above smartphone by purchasing the above smartphone at a large amount of KRW 90,000,00,000, by negligence,

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A copy of a purchase contract;

1. Application of the Acts and subordinate statutes of a copy of the recording of marina purchase;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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