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(영문) 광주지방법원 2017.10.12 2017고정828
업무상과실장물취득
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant was sentenced to a suspended sentence of two years for one year in imprisonment with labor for the acquisition of stolen goods and the acquisition of stolen goods from the Gwangju District Court, and on November 19, 2016, the Defendant was engaged in the sale and purchase of heavy portable phones.

From October 23, 2014 to December 31, 2014, the Defendant received a request from D for the purchase of one LG (GPO) mobile phone in the store located in Gwangju-gu, Seo-gu, Gwangju. In such a case, since a person engaged in the business of selling and buying high-speed mobile phone is aware of the above portable phone, he/she neglected his/her duty of care to prevent the seller from purchase of stolen phone while neglecting his/her acquisition of one mobile phone lost by purchasing KRW 25,00,00, and he/she can sell the phone which was lost or stolen for five times due to occupational negligence, such as the list of crimes in the attached Form, even though he/she did not know of the above portable phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in F, E, G, H, and I;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the judgment attached);

1. Relevant provisions of the Criminal Act and Articles 364 and 362 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune selection);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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