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(영문) 서울서부지방법원 2016.10.14 2016고정1004
업무상과실장물취득
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person engaged in trade business exporting mobile phone devices with the trade name of “C” in Mapo-gu Seoul Metropolitan Government.

From December 20, 2015 to December 24, 2015, the Defendant purchased 1,000,000,000 won per cellular phone (Aphone 6S flus) which is a stolen stolen by D from E in the above C office from the above C office to E, with the awareness that it is a stolen.

However, in such cases, the defendant has a duty of care to check whether or not he/she has received the device information and theft report.

Nevertheless, the Defendant acquired stolens by purchasing the cell phone device in KRW 8.50,000 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act and Articles 364 and 362 of the Criminal Act concerning the choice of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act.

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