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(영문) 수원지방법원 2013.09.04 2013고정1731
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and C are those who have been engaged in the transaction of used mobile phones.

On December 2, 2012, the Defendant and C purchased one cellular phone of 800,000,000 won in a gallony road in the market value of the victim F owned by E, which he stolen from D apartment near the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Seoul around 14:00.

In such cases, the defendant and C have a duty of care to verify personal information, the source of purchased mobile phone, theft, etc. against the seller.

Nevertheless, the defendant and C acquired stolen goods by purchasing the aforementioned mobile phone unit in KRW 150,000 by negligence while neglecting the above care and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Each protocol of suspect interrogation of the defendant and C by the police;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged the gist of his defense counsel and confirmed whether the instant mobile phone was lost or not, and then purchased it. The Defendant asserted to the effect that he fulfilled his duty of care.

2. The following circumstances acknowledged by the evidence of the judgment, i.e., ① the Defendant did not ask E at the time of the purchase of the instant mobile phone, including the developments leading up to the acquisition and the motive for the sale of the instant mobile phone, ② the Defendant attempted to sell only the mobile phone body without peripheral devices, such as the instant mobile phone core chip, and ③ Nevertheless, the Defendant did so to E as mentioned above.

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