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(영문) 광주지방법원 순천지원 2018.10.15 2018고정236
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 13:50 on September 30, 2017, the Defendant purchased one of the 5 smartphones when Samsung Ggalthal ju, which was the market price owned by the victim E, that he embezzled by the non-personalized person D through his employees at the above-mentioned and the mobile phone sales store around 13:50 on September 30. 201.

In such cases, a person who is engaged in the sales business of a mid-to long-term mobile phone has a duty of care to identify and describe the personal information of the above-mentioned persons, and to properly examine the process of the acquisition of the mobile phone, motive for the sale, purchase price, etc., and to enter the mobile phone serial number, etc. on the mobile phone self-sufficiency website, and to confirm

Nevertheless, the defendant purchased 5 smartphones in cash at 160,000 won and acquired stolen goods by negligence, unless he neglected the above duty of care and neglected the judgment on the stolen water.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of investigation reports (verification of the self-sufficiency system of mobile phones)-related Acts and subordinate statutes;

1. Relevant Article 364 of the Criminal Act, Articles 362 (1) and 362 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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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