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(영문) 서울중앙지방법원 2014.07.15 2014고단3608
장물취득등
Text

A defendant shall be punished by imprisonment for not more than ten months.

No. 80 (No. 125), Handphone No. 127, 127.

Reasons

Punishment of the crime

1. The Defendant, in collusion with E running a company which is a major mobile phone exporter, shall manage the headquarters and purchase fund, etc. of stolen mobile phones, and the Defendant, according to the direction of E, intended to acquire F, a specialized purchaser of stolen mobile phones, and the stolen mobile phone purchased by G, and carried them out closely to China, etc.

Accordingly, from the end of August 2013 to January 2014, the Defendant acquired the average of 20 to 30 mobile phones from F and G on an average of 40 to 4 times a monthly average of 30-30 mobile phones from the end of Guro-gu Seoul Metropolitan Government from the end of August 2013, and acquired 50 mobile phones with knowledge of the fact that they are stolen.

2. The Defendant for the acquisition of stolens by occupational negligence is a person who is engaged in the trade of heavy mobile phones while serving in a major mobile phone purchaser company;

Such defendant has a duty of care to confirm whether or not the seller's personal information is accurately verified and entered in the book, and how and how and how the mobile phone acquisition is acquired, the motive of sale, etc. are well examined.

However, on December 2013, the Defendant neglected this and did not enter the details of purchase in the account book and did not confirm the acquisition details against the seller, and purchased 180,000,000 won of Samsung Ggal jusium 3 mobile phones from the person who was unable to know the name from the victim I lost from the victim I, and purchased 1 mobile phone 700,000,000 won of the market value of Samsung Ggal jusium 509,000 won from the person whose name was lost on March 2014.

Accordingly, the defendant acquired stolen goods by occupational negligence over two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Each police statement made to G, J and F, or a copy thereof;

1. Seizure records;

1. Application of Acts and subordinate statutes to an investigation report (related to the execution of a warrant for search, inspection);

1. Relevant Article 364 of the Criminal Act and Article 364 of the Criminal Act for the crime, the acquisition of stolen goods by occupational negligence, and the choice of punishment.

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