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(영문) 부산지방법원 2014.10.29 2014고정991
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

The Defendant is a person who was engaged in the sales of a mobile phone with the trade name called "D" in Busan Dong-gu C building A (A) Dong 203, and is engaged in the sales of a mobile phone with the trade name called "F" from July 15, 2013 to Busan Dong-gu E.

On July 5, 2013, at around 12:00, the Defendant purchased one mobile phone equivalent to KRW 1,200,000 at the market price, which was owned by the victim J, which was stolen by G and H from the said “D business site.”

In such cases, the defendant, who is engaged in the sales business of a mid-to long-term mobile phone, has a duty of care to confirm whether he/she is stolen by checking well the details of the acquisition of G etc. and the reason why he/she acquires the mobile phone, the motive for the sales, the opening name of the mobile phone, and the demand

Nevertheless, the Defendant, while neglecting the above care, neglected to make a judgment on the stolen, acquired the stolen goods by purchasing one of the two mobile phones in KRW 125,000, while purchasing the stolen goods.

Summary of Evidence

1. Legal statement of witness G;

1. Police suspect interrogation protocol of the accused;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes on a sales contract for a Handphone;

1. Relevant Article 364 of the Criminal Act and Articles 362 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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