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(영문) 광주지방법원 순천지원 2015.12.22 2015고단2058
업무상과실장물취득
Text

Defendant shall be punished by imprisonment without prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the sales of a used mobile phone while operating the pawnba in the name of pawnb in B at the time of leisure in the south of Korea.

On April 1, 2015, the Defendant purchased two cell phones 6 mobile phones owned by E which D (one-year sentenced to imprisonment on September 25, 2015, and currently pending appellate trial) took place in the pawned Hall on April 1, 2015.

In such cases, there was a duty of care to confirm whether the defendant, who is engaged in the pawning business, has the duty of care to confirm and enter the identity of D, and to request the details of the acquisition of the mobile phone, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant neglected such care and acquired stolen goods by purchasing 29 cell phoness from 1,120,000 to 1,120,000 won as well as by negligence, while neglecting the judgment on stolen goods, and purchasing 15,950,000 won of a total of 29 cell phoness as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on a financial transaction statement and mobile phone sales contract;

1. Relevant Articles 364 and 362 (1) of the Criminal Act and the choice of imprisonment without prison labor for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where there are grounds for special mitigation (4 to 10 months) in the area of special mitigation (special mitigation) (4 to 10 months) [Special Mitigation]] [Determination of sentence] under Article 62-2 of the Criminal Act on Probation 4 months: The fact that the defendant is not engaged in the same kind of business after the lapse of 4 months; the defendant is not engaged in the same kind of business after the lapse of 4 months; the fact that there is no same power; the fact that there is no gross negligence; the fact that there is no degree of negligence; and

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