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(영문) 서울중앙지방법원 2018.01.12 2017고정3684
업무상과실장물취득
Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the trading of a mobile phone with the trade name "C" in Gangnam-gu Seoul Metropolitan Government.

On April 16, 2017, the Defendant purchased 3 mobile phone 1 unit (IMFI: E) in Samsung Gallon, which is equivalent to the market price of the victim D owned by the victim who was stolen from his/her name or influence from his/her name or influence in the above store.

In such cases, the defendant, who is engaged in the mobile phone sales business, has a duty of care to verify whether he/she is stolen by ascertaining the personal information of the seller, etc., and by properly examining the details of acquisition, motive for the sale, and the price suitable for the transaction price.

Nevertheless, the defendant had purchased the above mobile phone in KRW 1,00 by negligence while neglecting the above care and neglecting the judgment on the stolen property.

Ultimately, the Defendant acquired stolen goods by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report, the application of statutes;

1. Relevant Article of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of a punishment (including the choice of a punishment, the defendant's past record of punishment, and the fact that there is no benefit from the crime of this case, etc.);

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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