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(영문) 서울중앙지방법원 2018.05.30 2018고정158
업무상과실장물취득
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2017, at around 17:58, the Defendant purchased lapt North Korea, the market price of the victim F, who was the victim of the theft of E, from the medium and valuable goods store D located in Dongjak-gu Seoul Metropolitan Government, Seoul, was at least one million won.

As such, there was a duty of care to verify personal information, the source of purchased goods, whether they are stolen or lost goods, etc. against persons who sell them.

Nevertheless, the Defendant neglected to make a judgment on the stolen water and acquired the stolen water by purchasing a set of KRW 150,000 from 150,000 by negligence.

2. On May 4, 2017, around 14:21, 201, the Defendant: (a) purchased a beer North Korea unit equivalent to KRW 2 million at the market price owned by the victim F, who was stolen by E in the foregoing D store; and (b) purchased the beer North Korea unit with KRW 150,000 by negligence, neglecting the duty of care and neglecting the determination on the stolen water while purchasing the beer North Korea unit with KRW 150,00,000 by neglecting the above duty of care.

3. On May 22, 2017, the Defendant purchased 1,300,000 won of 1,30,000 won of Kamera at the market price of the victim G who was stolen by E in the foregoing D store, and acquired the Kamera by negligence after neglecting his/her duty of care in performing his/her duties and purchasing the Kamera with 2,50,000 won of Kamera by neglecting the judgment on the stolen water.

4. On June 2017, the Defendant purchased one of Samsung Ggal ju (J5 smartphone) at the market value of KRW 300,000,000,000, which was the victim H owned by the Defendant, in early 2017, using one of the aforesaid smartphones by negligence, while neglecting the above duty of care and neglecting the determination on the stolen water, and acquired the stolen goods by purchasing one of the above smartphones at KRW 30,000 on a large scale, without neglecting the above duty of care.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each protocol concerning suspect interrogation of E;

1. Statement protocol with respect to G (Investigation Record 419 pages), statement protocol with respect to H, and statement statement of F;

1. A protocol of seizure;

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