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(영문) 서울중앙지방법원 2016.06.21 2016고정1539
업무상과실장물취득
Text

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

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

Reasons

Punishment of the crime

The Defendant, without a separate office, provided Kwikset service and engaged in a medium-and long-distance mobile phone sales business. On September 2015 to October 10, 201, the Defendant purchased 7 gallon-on 4 mobilephones in the market price of the victim B owned by the Defendant, who was stolen by his name in a gallon-on jum, in the middle of 10.10 billion won.

In such cases, the defendant, who is engaged in the sales business of the heavy cell phone, has a duty of care to verify the personal information of the seller, and to verify the acquisition process of the heavy cell phone and the motive of the sale in good faith.

Nevertheless, the defendant acquired stolen goods by purchasing the cell phone in KRW 330,00,000, while neglecting the above duty of care and neglecting the judgment on the stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.B of each police statement with respect to C and D;

1. Application of seizure records and statutes concerning the list of seizure;

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

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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