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(영문) 서울중앙지방법원 2014.06.13 2014고정552
장물취득
Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Defendant A

A. At around 01:00 on November 2, 2013, the Defendant, despite being aware of the fact that a taxi engineer on his name in front of Gangnam-gu Seoul Metropolitan Government intends to arbitrarily dispose of the two smartphones that he had placed in the taxi, he purchased the two smartphones from the above taxi engineer for KRW 60,00,000.

B. On November 4, 2013, the Defendant purchased one of the above smartphones from the above taxi driver with knowledge of the fact that the taxi engineer, in the same place as the preceding paragraph at 00:30 on November 4, 2013, intended to arbitrarily dispose of one of the two smartphones, which the victim D posted on the taxi.

2. Defendant B

A. On November 2, 2013, the Defendant appears to have written indictment “ January 2, 2013” as stated in the indictment appears to have been written in writing “ November 2, 2013.”

From 00 to 03:00 to 03:00, the taxi engineer in the name of the taxi in the same place as the preceding paragraph purchased one of the above smartphone from the above taxi driver with knowledge that he/she intends to arbitrarily dispose of one of the smartphones that he/she had placed in the taxi.

B. On November 2, 2013, the Defendant appears to have written indictment “ January 2, 2013” as stated in the indictment appears to have been written in writing “ November 2, 2013.”

From 00 to 03:00 to 03:00, the taxi engineer in the name of the taxi in the same place as the preceding paragraph purchased one of the above smartphone from the above taxi driver with knowledge that he/she intends to arbitrarily dispose of one of the smartphones that he/she had placed in the taxi.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police interrogation protocol to the Defendants

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

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;

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