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(영문) 대구지방법원 2016.04.29 2016고단781 (1)
장물취득
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On July 7, 2015, Defendant A found one cell phone unit of the EL branch of 700,000 won at the market price near the Seoul Metropolitan City, Seo-gu, Daegu Metropolitan City.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On August 2015, Defendant B acquired one cell phone of Samsung C&M, the market price of which is equivalent to KRW 800,000,000, which was lost from the back seat of the D-si operated by the Defendant on the front side of the Hanyang apartment in Daegu Northern-gu, Daegu-gu, Daegu-gu.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

3. On November 5, 2015, the Defendant: (a) acquired one cell phone 6 carrying phones, the market price of which is equivalent to KRW 1100,000,000, which was lost from the head of F taxi operated by the Defendant E in the Daegu Suwon-si, Daegu-si, Daegu-si.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in each protocol concerning the examination of suspect of the police against G or H;

1. Application of each of the Acts and subordinate statutes described in the investigation report (Attachment of written judgments to I and J) and written statements (E);

1. Relevant Article 360 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 360 (1) of the Criminal Act (Selection of Penalty)

1. Defendants detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act provide that the Defendants, on the grounds of sentencing, did not return the acquired mobile phone to the main owner and sold the same to the main owner with money, and such crimes are designed for the distribution of so-called largephones, and thus, the need for control is very large.

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