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(영문) 서울북부지방법원 2014.03.26 2014고정534
장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From November 2, 2012 to December 12 of the same year, Defendant A purchased 2,180,000 won and acquired 2,160,000 won, knowing that the 16th smartphones were stolen, from among taxi engineers who embezzled smartphones lost by taxi passengers in front of the D Hospital located in Gangnam-gu Seoul Metropolitan City in the street or on the street in front of the U.S. Station.

2. From November 8, 2012 to November 16, 2011 of the same year, Defendant B purchased eight smartphones in KRW 4.10,00 with the knowledge of the fact that the smartphones were stolen in five times, from among taxi engineers who embezzled smartphones lost by taxi passengers in front of the U.S. department store in Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect E by the prosecution;

1. Each police interrogation protocol of the Defendants, F, G, H, and I

1. Application of Acts and subordinate statutes to each statement;

1. The Defendants: Article 362 (1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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