beta
(영문) 서울중앙지방법원 2013.07.17 2013고단1789 (1)

특정범죄가중처벌등에관한법률위반(장물)

Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

[2013 Highest 2579] (Defendant A’s crime) (A) The Defendant purchased from the taxi engineer the lost smartphone from B, C, etc. that he/she became aware of upon introduction from his/her friendship, and conspired to sell it again to the smartphone exporter, etc.

1. On January 3, 2013: around 03:20, at the same time, the Defendant’s smartphone was occupied in front of the 761-19 Daecheon apartment bus stops in Gangnam-gu, Seoul, and the Defendant’s smartphone was marked in front of the bus stops, and the Defendant’s smartphone was bought in a taxi with no known number of light reported and stopped, and the Defendant acquired stolen goods by purchasing it from the 20,000 won in cash, even though the victim D was aware of the fact that it was a gallon 11 cost of the galtho road set up in the said taxi.

2. On January 3, 2013, at the same place as at around 03:50, at the same time as at the preceding paragraph, a taxi engineer knew of the fact that he/she is a gallon of S3 mobile phones, he/she acquired stolen goods by purchasing them in cash at 150,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A written statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 362 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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 48 (1) 1 of the Criminal Act to be confiscated;

1. A crime that purchases and distributes smartphones generally lost or stolen in light of the functional characteristics and realization of smartphones' reason for sentencing under Article 334(1) of the Criminal Procedure Act is very professional and organized, makes it difficult for the victims to recover damage due to the characteristics of stolen crimes, and the so-called principal crime, such as theft crimes and embezzlement of stolen objects, are newly created, and acquisition and disposal of stolen objects.