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(영문) 대전지방법원 2017.01.12 2016고정1429
장물취득
Text

Defendants shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Defendant A’s acquisition of stolen goods listens to the claim that the sales would be made by purchasing a mobile phone with customers’ mobile phone with them, and he/she also lends money from his/her friendship B on May 6, 2016 to him/her to commit the above crime, and then purchases a 6 mobile phone carrying 100,000 won with him/her from his/her numberless taxi engineer from his/her numberless taxi driver around 22:00 on April 11, 2016 to purchase a 6 mobile phone from his/her numberless taxi driver around 22:00 on May 6, 2016.

5. 6. 22:00, a taxi driver acquired 49 cell phoness with knowledge of the fact that they are stolen, as shown in the separate sheet, from a taxi driver during a month.

2. The Defendant, in order to sell a mobile phone purchased by friendly job A, her mother, was driving a knife vehicle owned by her mother, and around 06:0 on May 9, 2016, around 16:00 on the same day from Daejeon-dong and around 10:00 on May 9, 201, Defendant B, while driving a mobile phone with approximately 160K at the Maart-dong parking lot located in the Maartsan-dong, Chungcheongnam-si, Busan-do, around 10:00, while carrying about 49 knife a mobile phone with knowledge that it is a stolen object.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each statement of G, H, I, J, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AAB, and AC;

1. Application of Acts and subordinate statutes to seizure records and photographs of seized articles;

1. Relevant Article 362 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 362 (1) of the Criminal Act (Selection of Penalty)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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