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(영문) 대구지방법원 2015.09.04 2015고정1594
장물취득
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 25, 2014, the Defendant purchased smartphones from taxi engineers B and the Defendant sold them to the taxi and recruited profits by resale.

1. On February 25, 2014, the Defendant, in collusion with B, boarded a car on the front road of the Korea Mutual Savings Bank located in Busan High-dong, Busan High-gu, Busan High-gu, and the Defendant parked a car in the vicinity of the vehicle, and the Defendant waiting in the vicinity of the vehicle, and the Defendant displayed his intention to purchase a mobile phone to the taxi driver by driving on the mobile phone, and then, he displayed his intention to purchase a mobile phone to the taxi driver, and purchased in KRW 1,30,000,000 of the price knowing that the galthot 3 mobile phone Co., Ltd. owned

2. On the 26th of the same month in collusion with B, the Defendant parked a passenger car in the vicinity in the same manner as in the preceding paragraph at the place in the new wall border, and B purchased the 70,000 won of the price knowing that the thallon of Samsung Galthol S4 mobile phone owned by the victim due to his name-unfaling taxi driver.

3. At around 03:05 on the 28th day of the same month, the Defendant parked a car in the vicinity in collusion with B in the same manner as in the preceding paragraph, and the Defendant bought from C a taxi driver for KRW 70,000 of the price knowing that Samsung Ggalthot 2 (SHV-E250S, E), Samsung Ggalthot, Inc. (SV-E250S, ES), which was a taxi passenger.

Accordingly, the defendant acquired three mobile phones, which are stolen goods, in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and B;

1. A written statement of F and an e-mail protocol with D;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Application of Acts and subordinate statutes to investigative reports (verification as to whether seized articles are stolen, lost, etc.);

1. Article 362 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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