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(영문) 서울남부지방법원 2020.09.08 2020고정1047
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 500,000.

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 trading of a secondhand phone with the trade name "C" in Guro-gu Seoul Metropolitan Government.

At around 12:40 on December 18, 2019, the Defendant purchased one smartphone (J) 5 smartphone in Samsung Galth City, where the market price of the victim D (the victim aged 15) he acquired from a male (the victim aged 60) who was unable to know his name in the above C, was unknown.

In such cases, the defendant, who is engaged in the business of selling and buying heavy cell phones, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of the above male, while he/she has a duty of care to verify whether he/she is stolen by properly examining the process of acquisition of the above mobile phone, motive

Nevertheless, the Defendant, while neglecting the above care and neglecting the judgment on the stolen goods, purchased the above mobile phone unit amounting to 1,000 won by negligence in the course of business.

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

Summary of Evidence

1. Statement E of the defendant in court;

1. Application of the Acts and subordinate statutes to the victim's mobile phone photographs and store photographs purchased from mobile phones;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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