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(영문) 대구지방법원 서부지원 2016.04.27 2015고정958
장물취득
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 9, 2015, the Defendant: (a) purchased a stolen article from 1.2 million won after being aware of the fact that the Defendant was a stolen article of 53 Boblus in the street in the vicinity of the Industrial Complex, Gyeong-gun, Gyeong-gun, Gyeongdong-gun, and acquired the stolen article.

2. On July 13, 2015, the Defendant: (a) purchased the stolen cigarette from C at the lower end of the Daegu High Bus Terminal, Daegu High-gu, Daegu High-Tech (Seoul High-gu), despite being aware of the fact that it was a stolen article, and acquired the stolen article at KRW 1.1 million.

3. On July 24, 2015, the Defendant: (a) purchased the stolen goods at the lower level of 7.50,000 won of tobacco that he/she stolen from C, even though he/she knew of the fact that it was the stolen goods of 320,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

1. The protocol of suspect interrogation of each police officer regarding E;

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

1. Article 362 (1) of the Criminal Act applicable to the relevant criminal facts and Article 362 (Selection of Penalty) of the Criminal Act;

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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