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(영문) 서울서부지방법원 2013.09.04 2013고정1213
장물취득
Text

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

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

After the Defendants become aware of illegal mobile phone buyers on the street near the Hong River basin, they purchased theft and loss phones from taxi engineers and conspired to sell them in order to compensate for living expenses.

The Defendants, around 02:00 on September 6, 2012, 2012, on the street held in front of the “Dju” store located in Mapo-gu Seoul Metropolitan Government, to allow a taxi engineer to write the “ smartphone” as an electronic sign board effect, and then to be seen as a taxi engineer, the Defendants purchase from a certified gallon of Samsung Samsung ju S2 smartphone in the name of the victim who lost his/her smartphone, with the knowledge that it is a stolen product, one of the smartphones in the name of the victim, with the knowledge that it is a stolen product, etc.

9. By October, 100, 12 smartphones were purchased in total of KRW 1,390,000 as shown in the annexed crime list and each acquired stolens.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 362(1) and 362(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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

1. A defendant who is subject to confiscation: Article 48 (1) 1 of the Criminal Act;

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