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(영문) 제주지방법원 2014.06.19 2014고정60
장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for the crime of acquiring stolen goods, and the judgment became final and conclusive on January 30, 2014.

The Defendant purchased a heavy smartphone at the Internet B website, stating “C” with the content of contact with the Defendant’s contact number, and tried to purchase a stolen or lost smartphone from the seller reporting and contacting.

Around 14:00 on February 17, 2012, the Defendant expressed that D, a “F” in the vicinity of the E-distance in Jeju Island, would offer money to D, and requested D to deliver money to E-gu friendly G operating the above e-mail with a mobile phone instead of sending the purchase price of the mobile phone, and to send it to the cell phone. On the same day, at around 14:30 on the same day, the Defendant purchased the money to 2.40,000 won with knowledge of the fact that D’s price was equivalent to KRW 850,00 won in the victim H-owned smartphone market price, which D acquired through G from the above e-mail at around 16:30 on February 19, 2012, the Defendant knowingly purchased the money to 15,000,0000 won in consideration of the fact that I acquired it from the above method at around 16:30 on February 19, 2012.

Accordingly, the Defendant acquired stolens over two occasions as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the suspect of G by the prosecution;

1. Statement made to D by the police;

1. Application of investigation reports (one letter out of two copies of evidence records, one page 31), the details of transactions by agricultural cooperatives, and Acts and subordinate statutes;

1. Relevant provisions of criminal facts: Article 362 (1) of the Criminal Act;

1. Concurrent handling: The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act;

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

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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