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(영문) 수원지방법원 2018.01.10 2017고정3123
업무상과실장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the purchase and sale of a heavy mobile phone.

On January 4, 2017, the Defendant purchased 4-on-site 5-on-site 7-on-site 7-on-site 7-on-site 4-on-site 7-on-site 900,000,000 won in the market price owned by the Victim B (the above victim lost at a non-on-site 4-on-site 09:45, Sept. 9, 2015) from the non-on-site 7-on-site 90,000 won in the market price owned by the Victim B.

In such cases, the defendant, who is engaged in the sales business of a medium-sized mobile phone, has a duty of care to display a core chip or check whether he is a lost or stolen mobile phone through the w. terminal p, etc. (w. terminal p. Korean).

Nevertheless, the defendant neglected this and acquired stolen goods by purchasing 140,000 won of the cell phone.

In light of the records of this case, there is no obstacle to the defendant's exercise of his right to defense, and basic facts were appropriately revised and recognized within the same scope.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on internal investigation and a report on investigation into a victim;

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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