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(영문) 청주지방법원 2018.03.29 2017고정845
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of resale after purchasing a heavy cell phone from “D” located in Heung-gu Seoul Metropolitan City.

On October 7, 2015, the Defendant purchased one cell phone which was stolen or lost at the same place.

At the time of receiving a request from a seller for purchase of a mobile phone, the above mobile phone was lost or stolen, and in such a case, the buyer has a duty of care to verify whether the mobile phone was lost or stolen by entering the IMI number (E) into the w. set provided by the Korean Association for Information and Communications Technology Promotion (W. Class 2 of the terminal. Korea).

However, despite the fact that the above mobile phone at the time was lost or stolen, the Defendant purchased the above mobile phone without the above procedure without due care, and from around that time until December 12, 2016, the Defendant purchased the lost and stolen mobile phone over 18 times in total, such as the list of crimes in the attached list.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation (Nos. 2, 4, 5, 6, 7 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (No. 16, 19, 20, 21, 24 No. 16, 19, 24);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune selection);

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

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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