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(영문) 서울동부지방법원 2015.06.30 2015고단741

장물알선

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on February 25, 2015, the Defendant: (a) requested that the second floor of the D Building in Jung-gu Seoul Special Metropolitan City be exchanged 44 copies of the cashier’s checks equivalent to KRW 50 million in cash, such as the face value indicated in the list of crimes in the attached Form No. 1, which was the victim H that G stolen from G from F; and (b) received a request from F to exchange the cashier’s checks equivalent to KRW 50 million in cash, such as the face value as indicated in the list of crimes in the attached Form No. 1, which is owned by the victim H; (c) the cashier’s checks equivalent to KRW 140 million in total amount of face value for which the report on loss was not made; and (d) was issued with the aforementioned cashier’s checks in exchange for 30% of the face value of the checks.

around that time, the Defendant: (a) exchanged to K in cash the same amount as the face value of KRW 140 million, including 10,000,000, the total face value of KRW 10,000,000 (attached Table No. 34,44, 10,000,000, the total face value of KRW 10,000,000,000, from among the cashier’s checks requested as above at “Jac shop” in Seoul, Jung-gu, Seoul; and (b) concealed the remaining cashier’s checks of KRW 41,00,000,000 in total of KRW 33,00 (attached Table No. 1,1,33,00,000,000 in the 63-dong, Seocho-dong, Seocho-gu, Seocho-gu, Seoul.

Accordingly, the defendant assisted the transfer of stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding G (including F statements);

1. Statement Nos. 1, 2, and 3 to the F;

1. Each police statement of M and H;

1. Records of seizure, list of seizure, photographs of seized articles and photographs related to seizure;

1. Report on the results of field identification, and on the site funeral photographs;

1. A mobile phone number photograph, 11 copies of a cashier's check taken by a suspect by a mobile phone camera, and

1. Application of Acts and subordinate statutes to a criminal report (attaching, such as a receipt and certificate of a public summons);

1. Article 362 (2) and (1) of the Criminal Act and Article 362 (1) of the Criminal Act concerning the applicable criminal facts, the choice of imprisonment;

1. The Criminal Act, the suspension of execution;