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(영문) 대구지방법원 2014.11.28 2014고정1854
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the trading of smartphones with the trade name of “D” on the third floor of the building in Guro-gu Seoul Metropolitan Government.

1. On November 6, 2013, around November 2013, the Defendant acquired the instant smartphone in the above office around November 6, 2013, from G that acquired 100,000 won of the market value of the victim F, which was the victim F, stolen by E, through high-speed bus freight and Kwikset service.

In such cases, the defendant, who is engaged in the trade of middle and high smartphone, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of G, and the packing has yet to be opened, how he/she acquires smartphones, how he/she has failed to open the package, and whether he/she demands the price suitable for

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods, but purchased approximately KRW 400,000 of the price for the above smartphone by negligence.

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

2. On December 1, 2013, the Defendant acquired goods through occupational negligence on December 1, 2013: (a) around December 17, 2013, at the above office, the Defendant purchased the express bus cargo and Kwikset services from the G that acquired the Defendant’s total market value of KRW 2,00,000,000, the total market value of the victim F, stolen by E, was KRW 5,000,000.

In such cases, the defendant, who is engaged in the trade of middle and high smartphone, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of G, and the packing has yet to be opened, how he/she acquires smartphones, how he/she has failed to open the package, and whether he/she demands the price suitable for

Nevertheless, the Defendant neglected the above care and neglected the judgment on the stolen goods, but purchased the two smartphones in KRW 1,20,000 by negligence.

Ultimately, the Defendant’s above occupational duties.

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