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(영문) 서울남부지방법원 2016.05.19 2016고정117
장물취득
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant puts up an advertisement on the purchase of stolen or lost mobile phones in the cell phone fluor “Stter”, and has been engaged in the “ciling”, which is called the purchase of stolen or lost mobile phones from those who have reported the purchase of stolen or lost mobile phones from those who have reported the purchase of stolen or lost mobile phones from those who could not know their names on the street.

1. On September 5, 2015, the Defendant purchased at KRW 30,00,00 and acquired stolen goods from a person who was unaware of his name in front of the “E church” way located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the knowledge that he stolen one of the smartphones from another place in Samsung Gallon, the market value of the victim C is equivalent to KRW 90,000,000,000,000,000 won.

2. On September 5, 2015, the Defendant purchased 60,000 won and acquired stolen goods with knowledge that he/she stolen 3,000,000 won of Samsung Tallon 3 (IMF : G) smartphone from a person whose name cannot be known at the same place as before and at around 03:00 on September 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared B;

1. Evidence Nos. 1 and 2;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the crime. Article 362 (Selection of Penalty)

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

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

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