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(영문) 서울서부지방법원 2014.06.12 2013고정2371
장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is running a mobile phone wholesale and retail business with the trade name called “D” in Seocheon-si, Seocheon-si C.

around 10:30 on March 21, 2013, the Defendant purchased gallon No. 1 smartphone at the Incheon terminal parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

In such cases, the defendant, who is engaged in the wholesale and retail business of a mobile phone, has a duty of care to confirm whether the mobile phone is lost or stolen by ascertaining the fact that E acquires a mobile phone, the motive for sale, and whether the reasonable price is demanded.

Nevertheless, the Defendant acquired stolen goods by purchasing the cell phone in KRW 170,000 from the price of the cell phone due to negligence, which neglected the above care and neglected to make a judgment on the stolen goods.

Summary of Evidence

1. Legal statement of witness E;

1. An interrogation protocol of the police against the accused (2 times, 2 times, and 5 times);

1. The Defendant and the defense counsel on F’s assertion of the police statement statement against the Defendant and the defense counsel asserted that the Defendant had purchased the mobile phone owned by E in the previous time, and that E does not acquire stolen goods intentionally or by negligence because they confirmed and purchased the lost phone on the Internet, even when they purchased the instant mobile phone.

The record reveals the following facts:

① On March 20, 2013, the preceding day of the instant case, the Defendant purchased a VietnamR3 mobile phone owned by E from March 20, 2013. At the time, the Defendant confirmed the name, account number, contact number, etc. of E and prepared a sales contract stating them.

② If E calls the Defendant’s office to sell the cell phone on the day of the instant case, G, an employee, tried to sell the cell phone of relative type to G, but the instant cell phone was said to be one’s own when the Defendant met before Incheon Terminal.

(3)

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