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(영문) 대구지방법원 2016.05.04 2016고정521
장물취득
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 30, 2015, around 00:40, the Defendant: (a) purchased the stolen goods from E with knowledge of the fact that Samsung Tal jum 4 mobile phones were stolen in KRW 80,000,00,000 in the market value of the non-registered victim of the name acquired by Eul, who is a D taxi engineer, before “C control store” located in Daegu-gu, Seogu, Daegu-gu.

2. On September 30, 2015, at the place indicated in paragraph (1) around 01:48, the Defendant: (a) purchased the stolen goods from G with knowledge of the fact that the market value of Samsung Callon, which is the non-owned victim of the name acquired by G, a F taxi engineer, was an unclaimed victim; and (b) acquired the stolen goods after purchasing them from G.

3. On October 3, 2015, at around 23:33, the Defendant purchased stolen goods from I with knowledge of the fact that the mobile phone of the non-victimed LG type owned by I, a H taxi driver, is stolen at the location described in paragraph (1) at around 23:3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, G, and I;

1. Application of the Acts and subordinate statutes governing crimes;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (opportune selection);

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

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

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

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