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(영문) 인천지방법원 부천지원 2014.10.22 2014고정1149
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

1. Joint criminal conduct between the defendant and B;

A. At around 00:00 on May 16, 2014, the Defendant, in collusion with B, purchased stolen goods from C, a taxi engineer, in front of the Bupyeong-gu Incheon Bupyeong-dong 210-2, by purchasing 1,060,000 won of the market price owned by the victim D, even though he/she knew that the mobile phone of 1,060,000 won was stolen.

B. At around 00:25 on May 16, 2014, the Defendant, in collusion with B, acquired stolen goods from a taxi engineer whose name is unknown at the same place as the above paragraph (a) by purchasing KRW 80,000,000 of the market price owned by the victim E, even though he/she knew that his/her cell phone is stolen, in collusion with B, the Defendant acquired stolen goods at KRW 80,000.

2. The defendant's sole criminal conduct;

A. On May 14, 2014, the Defendant: (a) purchased stolen goods in KRW 100,000, even though he/she was aware of the fact that the G2 mobile phone owned by the victim was stolen, from a taxi engineer who was unable to know his/her name in front of the Bupyeong-gu Incheon Bupyeong-dong 210-2, Bupyeong-gu, Incheon; and (b) acquired stolen goods, even though he/she was aware of the fact that his/her mobile phone was stolen.

B. On May 14, 2014, the Defendant purchased stolen goods from a taxi engineer whose name is not known at the same place as the above paragraph (a) by purchasing KRW 10,000 of the market value of the victim G owned by him/her, even though he/she knew that the mobile phone was stolen, the Defendant acquired stolen goods by purchasing KRW 10,000 of the market value of the victim G.

C. On May 14, 2014, the Defendant: (a) purchased stolen goods from a taxi engineer who is unable to know his/her name at the same place as the above paragraph (a) with knowledge of the fact that his/her cell phone is stolen in the amount equivalent to KRW 1,00,000,000 of the market price owned by the victim H; and (b) acquired stolen goods by purchasing KRW 10,000,00

Summary of Evidence

1. A protocol concerning the examination of each police suspect against the accused, B, or C;

1. Statement of each police statement concerning D, E, F, and G;

1. Each protocol of seizure and the list of seizure;

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

1. Article 362(1) and Article 30(2) B of the Criminal Act and the choice of punishment for the crime;

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