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(영문) 청주지방법원 충주지원 2019.10.02 2019고정120
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The Defendant is a person who is engaged in the sales of electronic equipment, such as sales of mobile phones and purchase of heavy cell phones, with the trade name of “C” from “C”.

On November 21, 2018, the Defendant purchased Samsung E, which was the victim E that he stolen from D, from around am on November 21, 2018, an amount equivalent to KRW 1050,00 in the market value of the victim E.

In such cases, the defendant, who is engaged in the sale of used electronic and electronic equipment, has a duty of care to verify whether the seller's personal information, etc. is a seller, and the details of the acquisition of the goods, motive for the sale, and the price suitable for the transaction price, etc. are well examined.

Nevertheless, the defendant neglected this and neglected to make a judgment on the stolen goods, but purchased the price of 410,000 Won by negligence.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. E statements;

1. Investigation reports (verification of the Disposition Agency against the Chungcheongbuk);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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