beta
(영문) 서울중앙지방법원 2015.12.08 2015고정3820

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. Around 02:00 on July 30, 2015, the Defendant acquired stolen goods by purchasing KRW 180,000 in total from the victim B-owned mobile phone 6 mobile phone 1 unit and the market price of KRW 900,000, while aware of the fact that the Defendant committed the crime against the victim B was a stolen or abandoned from his name on the front road of the “D Burial” located in Gangnam-gu Seoul, Seoul.

2. At around 02:30 on July 30, 2015, the Defendant acquired stolen goods after purchasing 10,000 won from the victim E, who embezzled that he/she has stolen or deserted from his/her possession from a taxi engineer whose name is unknown at the place specified in paragraph (1).

3. Around 02:50 on July 30, 2015, the Defendant acquired stolen goods from a taxi engineer whose name is not known at the place specified in paragraph (1) from the victim F who embezzled that he has stolen or deserted from his possession at the place specified in paragraph (1) and purchased stolen goods at KRW 180,000 with knowledge of the fact that the gallon’s market value of KRW 900,000 is a stolen goods.

4. On July 30, 2015, the Defendant: (a) purchased stolen goods at KRW 70,000, even though he/she knew of the fact that gallony gallony is a stolen goods, and acquired stolen goods at KRW 70,00,00, inasmuch as he/she embezzled that he/she left the possession of H from the place specified in paragraph (1) at the place specified in paragraph (1).

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police suspect interrogation protocol of H;

1. Each police statement to G, F, and E;

1. B damaged statement (e-mail);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Article 362 (1) of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;