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(영문) 울산지방법원 2016.09.21 2016고단1076
장물취득등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sells foreign food materials and purchases and sells heavy cell phones with the trade name “D” in Yangsan City.

1. On September 2, 2015, the Defendant purchased 22 mobile phones that the said E, etc. stolen over ten times from around September 2, 2015 to October 14, 2015, with knowledge of the fact that the market value of “Jel” in “D” in “D” 705 E, F, G, and H was the aggregate of KRW 2,100,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

2. Around February 14, 2016, the Defendant, who acquired goods from the occupational department and office chiefs, purchased 4 mobile phones of Samsung Ggallon, where the victim’s name was lost from a non-cab driver.

In such cases, the defendant, who is engaged in the business of trading the heavy mobile phone, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of the seller, etc., while checking the details of acquisition of the mobile phone, the motive for the sale, and the demand for the price suitable for the transaction price.

Nevertheless, the defendant neglected to pay such attention and neglected to make a judgment on the stolen water, but purchased the above mobile phone in 320,000 won by negligence.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Some of the witness K’s legal statement;

1. Seizure protocol (net 34);

1. Application of the investigation report (netly 33) and the cell phone photographs of the crime No. 2 (Investigation Records 327 pages) as indicated in the judgment;

1. Article 362 (1) and Article 364 of the Criminal Act concerning the facts constituting an offense;

1. The punishment of imprisonment with prison labor shall be imposed on the crime of acquiring the goods at the option of punishment, and the punishment of imprisonment without prison labor shall be imposed on the crime of acquiring the goods from the chief of office;

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