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Reasons
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(영문) 부산지방법원 2014.09.17 2014고정800
장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B is a person who has been engaged in a mobile phone sales business at the “D” mobile phone agency located in Busan L/C.

At around 17:00 on March 9, 2013, the Defendant purchased Samsung Talthot2 owned by the victim who was stolen or acquired by a person whose name was not known at the aforementioned mobile phone agency.

In such a case, although the defendant, who is engaged in the mobile phone sales business, has a duty of care to confirm the personal information of the person who disposes of the mobile phone and to confirm the theft or loss of the mobile phone, the defendant neglected such duty of care and acquired the cell phone stolen by purchasing the mobile phone by negligence in the course of business,

2. Defendant A

A. At around 20:00 on March 5, 2013, the Defendant acquired 140,000 won in each of the 140,000 won, knowing that the cell phone was stolen or stolen by a person who is not aware of the name from H’s mobile phone agent located in Ulsan-gu G, Ulsan-gu, Seoul-gu, and disposed of to F, i.e., the victim I, and the victim J, and the Defendant acquired 2 stolens by purchasing 140,000 won in each of them.

B. At around 14:00 on March 11, 2013, the Defendant acquired 110,000 won from K with knowledge of the fact that the cell phone is the stolen goods and acquired scar 31,000 won from K, which he acquired and embezzled by K in the “M” mobile phone agency located in the Busan Yha-gu L, Busan.

C. Around 15:00 on March 11, 2013, the Defendant acquired stolen goods by purchasing 130,000 won with knowledge of the fact that the cell phone was stolen or disposed of by a person who cannot know the name from the owner of the “D” mobile phone agency located in Busan L/C, and purchased 130,000 won from the victim Samsung G, which was owned by the Defendant.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. B, F, K, andO.

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