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(영문) 서울중앙지방법원 2018.04.20 2018고정573
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

피고인은 심야 또는 새벽시간에 택시 운전기사들이 절취 또는 습득한 휴대전화를 장물로 매입하기 위하여 도로변에 서서 휴대전화 액정 화면을 밝게 켠 상태로 손에 들고 지나가는 택시 운전자들에게 흔들어 보이는 방법으로 휴대전화를 매입하겠다는 의사를 표시하여 택시에 승차한 뒤, 인적이 드문 주택가 골목길로 들어가 택시 안에서 현금으로 은밀히 거래하여 택시 운전자가 피해 자로부터 절취한 장물인 휴대전화를 매수하는 매입 책( 일명 ‘ 딸랑이’) 이다.

1. At around 01:20 on August 22, 2017, the Defendant and B conspired with the Defendant to use a taxi passed by the Defendant at the front side of Seoul, leading to the taxi, and sent a signal to see the string of mobile phones and purchase stolen goods, and B purchased 10,000 won and acquired stolen goods with the knowledge of the fact that E operating a D taxi was able to stop after receiving the said signal and her stop at the above taxi, thereby taking one cell phone owned by the victim from E.

2. At around 01:50 on August 22, 2017, the Defendant and B conspired and sent a signal to use a taxi passing by the Defendant on the road in front of Seoul, by clarifying the liquidness of the mobile phone and purchasing stolens, and B purchased 40,00 won with the knowledge of the fact that H operating G taxi was able to stop after receiving the said signal, and acquired 60,000 won and 40,000 won with the knowledge of the fact that he was a stolen goods owned by the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused, B, E, or H;

1. Application of Acts and subordinate statutes on police statements made to I and F;

1. Relevant provisions of the Criminal Act and Articles 362 (1) and 30 of the Criminal Act concerning the selection of punishment for a crime;

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

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

4. The Criminal Procedure Act of the Provisional Payment Order.

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