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(영문) 수원지방법원 2018.04.12 2018고정373
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 300,000.

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 sales of a mobile phone or the purchase of a mobile phone from May 2017 to May 2017 at the mobile phone sales store called "C" in Suwon-si B.

Above May 25, 2017

5. On 26. 15:00-18:00, at the above “C” mobile phone sales store, the victim D purchased 3 (IMF : E) mobile phones at the market price where the victim D was stolen.

In such cases, the defendant, who is engaged in the business of purchasing heavy cell phones, has the duty of care to check whether it is stolen or lost by entering his/her personal information, etc. on the part of the seller, such as the process of acquisition and sale of the mobile phone, and whether he/she is stolen or lost on the mobile phone

Nevertheless, the defendant acquired stolen goods by purchasing the cell phone in KRW 5,00,000, although he neglected the above care and neglected to make a judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the statutes on seizure records and the list of seizure lists;

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. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects the Defendant’s mistake in depth and prevents the recurrence, and that the benefits acquired by the instant crime appears to be very insignificant.

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