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(영문) 서울중앙지방법원 2013.04.10 2012고정6509
장물취득
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who was sentenced to a suspended sentence of 8 months from the Seoul Central District Court on June 29, 2012, and was sentenced to a suspended sentence of 2 years on December 7 of the same year.

At around 21:00 on October 2, 201, the Defendant purchased one gallon smartphone from C, who is a taxi engineer, in the vicinity of the gallon Station located in the calendar village in Eunpyeong-gu Seoul Metropolitan Government, for a total of KRW 50,00.

However, the above smartphone is a thing obtained by C that the victim who is a taxi passenger gets in the taxi, and the defendant was well aware of the fact that it is a stolen.

As above, the Defendant acquired smartphones, which are stolen from C, from around that time to November 24, 201, a total of 1050,000 won of the market price over 12 times, as shown in the attached crime list, as well as the acquisition of smartphones.

2. Defendant B

A. On October 21, 201, the Defendant, at around 02:50 on October 21, 201, operated a taxi with the Changdong Station of Dobong-gu Seoul, Dobong-gu, Seoul. On the back of the taxi, the Defendant acquired one test diaphone which lost the victim’s name who is a passenger.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the property that left the possession of the victim by selling for 40,00 won to A as shown in the attached Table No. 6.

B. On October 29, 201, around 02:00 on October 29, 201, the Defendant, while driving a taxi on the road near the Sungnam-si branch, found one of the verification diaphones lost by the victims of the victim’s name missipated.

The Defendant, without taking necessary procedures such as returning the goods acquired as above to the victim, sold the goods to A for KRW 150,00 to KRW 1,50,00 as shown in the attached Table No. 7, and embezzled the goods that left the possession of the victim.

C. On November 13, 201, the Defendant was cleaning the Defendant’s taxi in Seongbuk-gu Seoul Metropolitan Government DPG Gas charging station around 02:00.

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