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(영문) 서울서부지방법원 2016.01.29 2015고정1291

장물취득

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 5, 2013, the Defendant: (a) around 23:00 on October 5, 2013, the Defendant: (b) performed a work related to the purchase of heavy cell phones in Seocheon-gu, Seocheon-gu, Seocheon-si; (c) purchased ten smartphones in an unused amounting to KRW 10,000,00, which are stolen goods he/she acquired to E, even though he/she was aware that they were stolen, with the knowledge that they were stolen, KRW 3,721,00, and acquired stolen goods.

2. On October 15, 2013, the Defendant: (a) around 22:00 around October 15, 2013, at around 22:0, at around 15, 2013, purchased six smartphones that are not used in an amount equivalent to KRW 6,00,00 in the market price, which is the stolen goods he/she acquired from the above D, from the above D at around 1st place; and (b) acquired stolen goods by purchasing them with knowledge that they are stolen goods.

3. On October 22, 2013, the Defendant: (a) around October 22, 2013, at around 22, 2013 at around 1, at around 22:0, the Defendant acquired stolen goods by purchasing six smartphones that are not used in the market price of KRW 6,00,000, which is the stolen goods he/she acquired from the above D, from the above D at around 1st place; (b) while being aware that they are stolen goods, the Defendant acquired stolen goods.

4. On December 23, 2013, the Defendant: (a) around 17:00 around December 23, 2013, at around 17:0, at the place of paragraph 1 at around 23, 2013, four boxes of string, including the unused smartphone 3 and charging machines, etc., equivalent to KRW 6,00,000, the market price of the stolen goods he/she acquired from the said D, with the knowledge of the fact that they are stolen, acquired stolen goods by purchasing them.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A copy of a passbook for use;

1. Application of the Acts and subordinate statutes to the seizure site photographs, cash in possession of the defendant, and specifications photographs;

1. Relevant Article 362 of the Criminal Act and Article 362 (1) of the Criminal Act and the selection of fines for criminal facts;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the defendant purchased smartphones from D, as stated in the judgment of the court below 1 to 3.