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(영문) 창원지방법원 2017.06.15 2017고정216
업무상과실장물취득
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in trading of a computer or mobile phone with the trade name called D in Changwon-si, Member C.

From June 10, 2015 to January 25, 2016, the Defendant purchased five mobile phones and five mobile phones stolen by E from the above medium and high-level computer store. In such a case, a person engaged in the sale of used goods is aware of the aforementioned computer, etc., and thus, a seller’s status, motive for sale, etc. is verified and recorded in a book, and whether a reasonable price based on his/her identification and transaction price is demanded. Although there was a duty of care to prevent the purchase of stolen goods, the Defendant neglected to do so and acquired the above computer, etc. after purchasing the stolen goods at KRW 2.10,00,000, in total, as indicated in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A criminal investigation report (abusing a letter of transfer, etc. of the case E);

1. Court rulings (E even though the Defendant sold four or more cell phoness and five cell phoness to this Defendant, the Defendant did not verify the course of acquisition of Nopt, etc., and personal information of E, etc., and in light of these circumstances, the Defendant did not exercise due diligence in purchasing Nopt, etc. from E.

[L] Application of the law

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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