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(영문) 인천지방법원 부천지원 2014.11.24 2014고정1293
장물취득
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, along with “B”, C, D, and E, intended to commit the act of purchasing stolen and lost smartphones, which are stolen and lost offices in the office of the original building in Bupyeong-gu Seoul Special Metropolitan City. The above “B” provided D office deposit, spophones, etc. to D, while disposing of the stolen and lost smartphones purchased by the above D, D manages the office, and transfer the stolen and lost smartphones purchased by the Defendant to the above “B”, C, and the Defendant, upon receiving the above D’s instructions, intended to directly gather or purchase smartphones, and E are going to take charge of advertising purchasing stolen and lost smartphones on the Internet at the above office, and arranging books.

At around 10:30 on April 16, 2013, the Defendant purchased 11 smartphones, a stolen goods, from April 11, 2013 to April 20, 2013, with knowledge of the fact that the Defendant was aware of the fact that it was a stolen property, and acquired 11 smartphones, a stolen goods, from April 11, 2013 to April 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to I, J, C, D, E, and G;

1. Each statement of K, L, M, N,O, P, Q, R, S, T, U, and V;

1. Each protocol of seizure and the list of seizure;

1. Photographss of seized articles, cell phone pictures of the seizure site and cell phone, Ftel seizure site and purchase books;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 362 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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