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(영문) 부산지방법원 2013.04.25 2012고정4929 (1)

장물취득

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C On March 20, 2012, after receiving the request from five owners, such as the victim F, etc., the victim F, which is the stolen goods acquired by E from E from the Jung-gu, Ulsan-gu, the defendant requested the defendant to sell five smartphones equivalent to the sum of KRW 4.3 million, and on March 25, 2012, the defendant requested the defendant to contact with the defendant to call to the contact point of the purchaser of the smartphone in Busan-gu, and approved the request.

Around 12:00 on March 27, 2012, the Defendant and C, despite being aware of the fact that the 5 price of the above smartphone was the main goods of the above smartphone, sent to the Defendant the 5 price of the above smartphone which C received from E in front of the Busan Jung-gu G, Busan, and the Defendant attempted to sell the above smartphone to the needy, and the Defendant intended to sell the above 5 price of the smartphone.

Accordingly, the defendant and C conspired to arrange the transfer of stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. E statements in the first protocol of the trial;

1. C Investigation record of the suspect concerned with the police;

1. Each police statement made to H, I, J, K, and F;

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

1. Article 362(2) and (1), and Article 30 of the Criminal Act as to the facts of the crime, and the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;