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(영문) 서울서부지방법원 2016.09.23 2016고정513
장물취득
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

[criminal history] On May 29, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Incheon District Court on May 29, 2013, and the judgment became final and conclusive on June 6, 2013.

[Criminal facts]

1. On March 21, 2013, the Defendant: (a) ordered C to purchase one smartphone owned by the victim E, which was stolen by the female on March 16, 2013, for the purpose of resale to B, a single top line; and (b) C, around March 21, 2013, purchased one smartphone owned by the victim E from D in front of the Han Bank located in the 199, Mapo-gu, Seoul, Mapo-gu, Seoul, and delivered it to the Defendant with knowledge that it was stolen at KRW 110,00,00,000; and (c) the Defendant reselled the cell phone delivered as above to B.

Accordingly, the defendant acquired stolen goods in collusion with C.

2. On March 27, 2013, the Defendant: (a) purchased, on March 27, 2013, 2013, Switzerland owned by the victim F, who was stolen by a person in a name in the vicinity of the digital short-term area located in Guro-gu Seoul Metropolitan Government, from March 27, 2013, with a view to resaleing a stolen mobile phone to B; and (b) acquired stolen goods in KRW 60,000, even though he/she was aware of the fact that

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police for B and E;

1. A written statement;

1. Protocol of seizure (No. 2013 pressure No. 908 of the Incheon District Prosecutors' Office);

1. A report on investigation (Reporting accompanied by D agreements and reflective documents);

1. Before judgment: Application of statutes on written judgment to the Incheon District Court Decision 2013 High Court Decision 1781 Decided May 29, 2013;

1. Article 362(1), Article 30 of the Criminal Act (the acquisition of stolen goods on March 21, 2013), Article 362(1) of the Criminal Act (the acquisition of stolen goods on March 27, 2013), and the selection of fines for each crime

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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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