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(영문) 인천지방법원 부천지원 2013.10.23 2013고단2687
업무상과실장물취득
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, without trade name, is a person who is engaged in the sales of a mobile phone by providing consultation with the other party to the sales and making a direct transaction with the other party to the sales by raising an advertisement of a mobile phone that is used on the Internet NAB block.

On June 14, 2012, the Defendant purchased 1,868,900 won in total of 1,868,900 observers mobile phones and gallon phones, which he stolen from B on the street, located in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

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

Nevertheless, the Defendant neglected to make a decision on stolen goods, but neglected to do so, purchased the said two mobile phone units of KRW 730,000 from July 4, 2012, from around 15 times to around July 4, 2012, and acquired the 34 mobile phone units of KRW 11,090,000 through the above method as stated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. Each police suspect interrogation protocol concerning B;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to suspect A's business account books;

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

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Taking into account the facts that the defendant reflects the mistakes and that there is no criminal record of the

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