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(영문) 서울중앙지방법원 2013.05.03 2013고정1115
장물보관등
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. At around 05:00 on October 27, 2012, Defendant A: (a) provided the victim D meals at the G cafeteria in Sungsung-si, and (b) took advantage of the difference in the market price of KRW 900,000,000 in which the victim’s attention was neglected; and (c) stolen one of the interview mobile phones with the victim’s attention.

2. At around 03:30 on October 29, 2012, Defendant B kept one copy of an interview mobile phone which he stolen on the street in front of Guro-gu Seoul Metropolitan Government, with the knowledge of the fact that it is a stolen article, Defendant B sold 120,000 won at the front of Gangnam-gu Seoul E-gu, Seoul, to F and arranged the stolen article.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of F in a police suspect interrogation protocol;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to entries in the records of seizure and the list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 329 of the Criminal Act; Selection of fine

B. Defendant B: Article 362(1) of the Criminal Act (the point of keeping stolens), Article 362(2) and (1) of the Criminal Act (the point of arranging stolens), and selection of each fine

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Confiscation Defendant B: Article 48(1) of the Criminal Act;

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