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(영문) 대구지방법원 포항지원 2015.04.22 2014고정539
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

피고인은 택시기사들에게 중고 휴대전화 단말기를 구입한다는 명함을 돌려서 택시기사들로부터 택시손님들이 택시에 두고 내린 휴대전화 단말기를 구입하여 휴대전화 어플인 ‘즐톡’을 이용하여 휴대전화 단말기를 되파는 일을 하던 자이다.

1. At around 00:00 on September 22, 2014, the Defendant purchased 5,000 won of the price from the above taxi driver, knowing that he/she was aware that he/she was the stolen goods that he/she embezzled possession of the stolen goods, he/she purchased 5,00 won of the price at KRW 5,00 from the above taxi driver, even though he/she was aware of the fact that he/she was the stolen goods that he/she embezzled possession of the stolen goods.

2. The Defendant purchased Samsung B’s mobile phone at the above date, time, and place, and acquired the stolen goods from the above taxi engineer with knowledge that Samsung B’s mobile phone, which had not returned to the victim, was embezzled for embezzlement of stolen goods from possession. The Defendant purchased the stolen goods from the above taxi engineer at KRW 30,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. A report on internal affairs (affixing a name tag for purchasing mobile phones);

1. Protocol of seizure (Evidence of 21 pages);

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. In light of the defendant's attitude revealed in the court of this case for sentencing of Article 334(1) of the Criminal Procedure Act, a summary order shall be issued in consideration of the defendant's mental disorder such as depression, etc.

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