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(영문) 청주지방법원 2018.02.22 2018고정69
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of purchasing a heavy mobile phone against the mobile phone sales store in the name of "C" from Cheongju-si.

On April 4, 2017, the Defendant purchased from F any LG G3 mobile phone in an amount equivalent to KRW 600,000 at the market price where the victim G was lost.

In such cases, there was a duty of care to confirm whether a person engaged in the business of purchasing a heavy cell phone is stolen or lost by stating his/her personal information, etc. while checking the process of acquisition and sales of the mobile phone, and inquiring about the theft or loss of the mobile phone at the self-sufficiency system site of the mobile phone.

Nevertheless, the defendant neglected this and acquired stolen goods by purchasing the cell phone at 40,000 won by negligence, although he neglected to make a judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against H and F;

1. A written statement of I;

1. Application of Acts and subordinate statutes to report on investigation (verification of popon prices);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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