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(영문) 수원지방법원 2018.02.07 2017고정3354
업무상과실장물취득
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From February 2017, the Defendant is a person who is engaged in the sales of a mobile phone or the brokerage of the sales of a used mobile phone in the name of “C” located in Suwon-si B.

From March 13, 2017 to April 14, 2017, the Defendant received a request from SV (IEI: E) to sell cell phoness on behalf of the victim D at the market price, where the victim D was stolen, within the sales store of the aforementioned “C” mobile phone from the victim from the victim’s scambling.

In such cases, the defendant, who is engaged in the sales brokerage business of the medium-sized mobile phone, has a duty to pay attention to ascertaining whether the defendant is stolen or lost by entering his/her personal information, etc. while checking whether he/she is stolen or lost in the mobile phone acquisition and sales process, and the mobile phone self-sufficiency system.

Nevertheless, the defendant neglected the above care and neglected the judgment on the stolen water, and caused F to contact F, a mobile phone operator, to purchase the cell phone, thereby arranging the acquisition of stolen goods.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (2) 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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