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(영문) 서울중앙지방법원 2014.01.03 2013고단6534 (1)
장물취득
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

On December 29, 2012, around 22:30 on December 29, 2012, the Defendant acquired one galthoon smartphone in an amount equivalent to one million won at the market price, which was lost by the victim B at C-si in front of the 32-lane 32-ro, Seongbuk-gu, Seongbuk-gu, Seoul.

The Defendant, without taking necessary measures such as returning smartphones acquired as above, embezzled as he/she had on his/her own idea.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

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

1. Article 360 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is determined as above on the grounds of more than 50,000 won [the defendant shall be punished by a fine, taking into account the fact that the damaged goods caused by the crime of this case are one smartphone and a minor matter is insignificant] sentenced to a fine of more than 50,000 won (the defendant shall be punished by a fine).

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