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(영문) 인천지방법원 2015.11.03 2015고정2643
장물취득
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 스마트폰 채팅 어플리케이션인 '즐톡', '영톡'에 장물인 스마트폰을 매입한다는 광고를 내고, 이를 보고 연락한 사람들로부터 장물인 휴대전화를 매수하기로 마음먹었다.

1. On March 25, 2015, the Defendant purchased 60,000 won for smartphones, including 11, Aphone 441, and 31, from an indivistist of the victim’s name, who was the owner of the victim’s or indivant, who was aware of the fact that 3 smartphones are stolen, by purchasing 60,000 won for price, even though he/she was aware of the fact that 1, an indivist of the victim’s name, who was the owner or indivant of the victim’s name, was in contact with the Defendant’s advertisement near 15,00

2. On April 2015, the Defendant acquired stolen goods at KRW 300,000, despite being aware of the fact that one of the smartphone 6 smartphones owned by the victim’s name-free winner was a stolen goods from the deceased person in the same manner as the preceding paragraph, in front of the mutual influence hospital located below Yancheon-si, the Defendant acquired the stolen goods by purchasing KRW 300,000 from the deceased person.

3. On April 15, 2015, the Defendant purchased stolen goods at KRW 150,000, despite being aware of the fact that one of the two smartphones is a stolen goods, the Defendant acquired stolen goods from his nameless winners of the Incheon Integrated Terminal located in the Nam-gu Incheon Metropolitan City, Incheon, with the knowledge of the fact that he was the victim’s nameless winner who sent it as bus freight from his nameless winners.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The list of seizure, investigation and seizure;

1. Application of the statutes governing the suspect’s “Stockholm” message content

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 48 (1) of the Criminal Act of confiscation;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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