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(영문) 서울동부지방법원 2015.05.28 2015고단929
장물취득
Text

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

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

Reasons

Punishment of the crime

The defendant purchased smartphone, which is a stolen student of Vietnam's nationality, with his intention to bring it out to Vietnam.

1. On February 2015, the Defendant purchased 70,000 won in front of the sentiments of the Korean National University located in Seongbuk-gu Seoul National University, Seongbuk-gu, and acquired 70,000 won by purchasing thallon 6 smartphones from D, which he/she purchased from other stolen business operators, from other stolen business operators, etc., even though he/she is aware of the fact that she is a stolen.

2. On March 2015, the Defendant: (a) purchased five smartphones, such as gallon S4, from the said C, in a place above; and (b) acquired stolens in KRW 500,00,000, even though being aware of the fact that they were stolen.

3. On March 2015, the Defendant purchased 7 smartphones, such as gallon jus, from the above C in a place above, with knowledge of the fact that they were stolen, in KRW 80,000,000, and acquired stolens.

4. At around 18:00 on April 3, 2015, the Defendant acquired four smartphones, such as gallon No. 3, from the above C, with knowledge of the fact that they were stolen, and acquired stolens at KRW 660,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Article 362 (1) of the Criminal Act and Article 362 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333 (1) of the Criminal Procedure Act for return;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is as follows: (a) there is a need for a strict punishment of Defendant in view of the background and content of each of the instant crimes; (b) degree of damage

However, it is against the fact that the defendant has made a confession of all crimes and has been detained for a considerable period of time, the first offender, and the defendant is in the master's degree course at a domestic graduate school.

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