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(영문) 전주지방법원 2013.10.23 2013고정788
업무상과실장물취득
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in the wholesale and retail business of mobile phones with the trade name of “C” in Seojin-gu Seoul Special Metropolitan City.

1. On June 2012, the Defendant: (a) purchased one gallon ju S2 mobile phone from F on the roads near the E elementary school located in Donsan-gu, YYYA on which it is impossible to identify the market price on which he/she stolen from F, on the roads near the YAE located in YYA.

In such cases, the defendant, who is engaged in the wholesale and retail business of the used mobile phone, has a duty of care to accurately verify and state the above F's personal information, etc., and to verify whether he/she requests the details of the acquisition of the mobile phone, the motive for the sale, and the price suitable for the transaction prices.

Nevertheless, the defendant neglected this and acquired stolen goods by purchasing one mobile phone of the gallon lusular phone in KRW 100,000,000 as a result of negligence, which neglected the judgment on stolen goods.

2. On July 2012, 2012, the Defendant: (a) purchased each one of the gallon lugian mobile phones from F and one of the galthal lugian cell phoness around the Hai-gu E elementary school located in Yasan-gu, Yasan-si, where the market price that he/she stolen was the victim’s name-free on the galthalian road.

In such cases, the defendant, who is engaged in the wholesale and retail business of the used mobile phone, has a duty of care to accurately verify and state the above F's personal information, etc., and to verify whether he/she requests the details of the acquisition of the mobile phone, the motive for the sale, and the price suitable for the transaction prices.

Nevertheless, the Defendant neglected to make a decision on the stolen property, but neglected to do so, purchased one of the above gallon lusular phone in KRW 100,000,000, and acquired the stolen property in KRW 200,000,000, respectively.

3. The Defendant committed the crime on July 12, 2012 on the roads near the G Hospital located in Yansan-gu, Jeonju-si around July 12, 2012.

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