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(영문) 서울중앙지방법원 2015.02.13 2014고단7287
장물취득
Text

Defendants shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendants were aware of the fact that D was a criminal who committed a crime corresponding to a fine or heavier punishment because D was identified as a lost or stolen cellphone carrying-out business operator.

1. On June 2014, Defendant A: (a) driven a ecoo vehicle in the vicinity of the Gangseo-gu Seoul Metropolitan Government driver’s license test site for the Gangseo-gu, Seoul; (b) accompanied the ecoo vehicle to the ecoo vehicle in the Daegu-gun Eth, the seat of which is its new flight place; (c) for about two weeks, the Defendant got a person who committed a crime corresponding to a fine or heavier punishment, such as driving the said vehicle while traveling along with D and accommodation at a new place, such as Daegu-gu F, a factory dormitory in the second floor, and neighboring her motherel, while traveling along with D and accommodation.

2. On June 2014, Defendant B arrived at the GTX in the GTX Station located in Gyeongdong-gun, Gyeongdong-gun, and even after being aware of the fact that D was being able to escape, Defendant B, who committed a crime corresponding to a fine or heavier punishment, by driving the said Eccoo vehicle, had a person who committed a crime, such as a fine or heavier punishment, by driving the said Ecoo vehicle in Daegu at Daegu on two occasions, such as the Gangnam-gu Cheongdamdong-dong Seoul and the Songpa-gu Ydong-dong, Seoul, and accompanied the said Ecoo vehicle, in shift with A, for about three weeks after he was aware of the fact that D was able to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Statement of suspect interrogation against the Defendants

1. Application of Acts and subordinate statutes on communications, such as investigation reports (related to requests for the provision of data verifying communications records) and telephone conversations details;

1. Article 151 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment (the fact that the person's error is against himself/herself, and considering the motive, circumstances, etc. for the crime);

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

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

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