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(영문) 인천지방법원 2012.11.16 2012고정4171
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the sales of waste mobile phones under the trade name of Bupyeong-gu Incheon Metropolitan City B.

On June 6, 2012, at around 17:30 on June 6, 2012, the Defendant purchased 700,000 won of the market value of the victim D, which he stolen from C, from the above wording point, and the Defendant purchased one cell phone of Samsung Samsung Tgal ju City.

In such cases, the Defendant, who is engaged in the sales of the closed mobile phone, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of C, etc. while taking into account the following: (a) the process of acquisition of the closed mobile phone; (b) whether it is possible to use it; and (c) the motive for sale

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen, purchased the above 1,00 won of 1,00 won of the above pulmonon phone by negligence.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the suspect examination protocol;

1. Relevant Articles 364 and 362 (1) of the Criminal Act concerning criminal facts. Article 362 (Selection of Fine)

1. Articles 70 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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