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(영문) 대전지방법원 천안지원 2017.01.06 2016고정684

장물취득

Text

Defendant

B and C shall be punished by a fine of KRW 3 million and by a fine of KRW 2 million for Defendant A.

Reasons

Punishment of the crime

When the defendants use smartphones at a place where the defendants gather, they are a stolen business operator called "E" to purchase smartphones, a stolen or lost smartphones from a taxi engineer who intends to trade smartphones, and Defendant B acquired smartphones, a stolen from the taxi engineer, from Defendant C, and conspired Defendant C to acquire stolens in the way of storage of Defendant C.

1. Acquisition of stolen goods by Defendant B and C

A. On May 12, 2016, around 23:00, around the Daejeon Middle-gu, Daejeon: (a) purchased stolen goods from an article on his name in front of the “Gnart”, even though he knows that the opon 6 smartphones were lost or stolen; and (b) purchased stolen goods from an article on his name in front of the “Gnart”.

B. On May 13, 2016, around 00:30, around the 00:30 on the Y in Seocheon-gu, Seocheon-gu, Seocheon-gu, and acquired 3 170,000 won in total, even though he knows that the gallon ju is lost, stolen, or stolen, she purchased 7,000 won in front of the Incheon-gu, Seocheon-gu.

(c)

On May 17, 2016, around 00:15, around 00:15, 2016, smartphones were 50,000 won and purchased stolen goods despite the knowledge that smartphones 5 smartphones were stolen and lost by the J of the principal offense, which seeed smartphones in front of and approaching the Innnart, Seo-gu, Seocheon-gu, Seocheon-gu.

2. On May 7, 2016, Defendant A acquired a total of 20,000 won by purchasing 20,000 won, even though Defendant A was aware of the fact that gallon 3 smartphones were lost or stolen, in the case of gallon, from an article on his name in front of the Inart-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to K in the police statement;

1. Each statement of L, M and N;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (on-site and photograph of seized articles);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant B and C: Articles 362(1) and 30 of the Criminal Code, respectively.