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(영문) 서울중앙지방법원 2013.10.25 2013고정1629
중과실장물취득
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case was on September 2012, the Defendants purchased one gallon jusular phone owned by the victim E, and one hallon 4S mobile phone owned by the victim F, which he stolen from D in the vicinity of the session station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 317-101.

In such cases, since D intended to sell goods at a very low level than the market price, it has a duty of care to confirm the source of the goods and to verify whether the goods were stolen.

Nevertheless, the Defendants neglected to pay the above attention and acquired stolens by purchasing the two cell phones of the above mobile phone amounting to KRW 220,000,000 as a gross negligence when neglecting the determination on stolen goods, such as not checking the source of the mobile phone and the details of the transaction.

2. The Defendants asserts that they did not purchase mobile phones as indicated in the facts charged at the time and place D.

There is a statement in D's investigative agency as evidence that seems to correspond to the facts charged of this case.

However, according to the records, the following circumstances can be acknowledged.

① On January 7, 2013, upon being arrested as a suspect of larceny, D sent the instant mobile phone on the same day from the police on August 31, 2012, “On the following day, D sent a notice stating that the instant mobile phone was stolen and stolen, and that the Internet search was conducted on the Internet, and contact was made to G, which is a mobile phone number published on the notice, and that it was made on September 1, 2012.

(2) Defendant A who uses G and his husband, who is his husband, was investigated by the police on January 7, 2013.

③ However, on January 7, 2013, Defendant A entered Mongolia on August 31, 2012 and confirmed that Defendant A entered the Republic of Korea on September 6, 2012.

(4) On January 10, 2013, Defendant G and Defendant B, a mobile phone number of Defendant A, are located in the police.

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