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(영문) 수원지방법원 안산지원 2014.03.26 2013고정2313
장물취득
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution at the Suwon District Court for the crime of acquiring stolen goods, and the said judgment became final and conclusive around that time.

When the defendant puts a letter on the Internet that he purchases a heavy smartphone, and there is a seller reporting and communicating this article, B or C intended to share the role of smartphone with the funds provided by the defendant and purchase a stolen or lost smartphone.

Accordingly, B purchases from the victim F, who was instructed by the defendant at the vicinity of the Mao-gu, Mao-gu, Ansan-si on February 26, 2012 and stolen from D and E, one cellphone 4 mobile phone (8.10,000 won at the market price) owned by the victim F, which he stolen from D and E, to 200,000 won, knowing that it is stolen, and C purchases it from the victim.

3. 1. At around 14:00, the Defendant’s instructions were received from the above D and E, and the victim G 4 mobile phone 1 unit (market price of KRW 800,000) possessed by the victim G, which he stolen from the above D and E, purchased them at the price of KRW 20,000,000, knowing that they were stolen.

Accordingly, the defendant acquired stolens in collusion with B and C two times.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's interrogation protocol on D, E, C, or B;

1. G statements;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographic records;

1. Relevant Articles of the Criminal Act and Articles 362 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act concerning the handling of concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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