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(영문) 대전지방법원 2014.11.19 2014고정775

장물취득

Text

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

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

Reasons

Punishment of the crime

1. On May 2013, the Defendant, in collusion with C, acquired stolen goods by purchasing at 2,50,000 won of the price knowing that he/she was a stolen property, in front of jumno juno 2 mobile phone owned by a victim who was stolen D, in collusion with C.

2. On May 26, 2013, the Defendant, in collusion with C on May 26, 2013, purchased 120,000 won and acquired stolen goods after being aware of the fact that he/she was the victim’s name-unclaimed cell phone 1, which was the victim’s name-unclaimed winner, was stolen.

3. On June 2013, in collusion with C, the Defendant acquired stolen goods by purchasing one set of gallon 2 mobile phones from the victim’s name-unclaimed cell phone owned by E in collusion with C, even though he/she knew that it is a stolen property, in the underground passage of the Dongdong-gu New Cancer, Daegu-gu, Daegu-gu, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes of each police interrogation protocol of D and E;

1. Relevant Articles 362 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 20,000 won or less (the decision of sentencing): The circumstances favorable to the number of times of crimes: confessions and reflects; the fact that there is no past record of crime; the defendant’s age, occupation, environment, circumstances of the instant crime, details, circumstances after the crime, etc. are considered and the sentence was determined as ordered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act.