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(영문) 부산지방법원 2014.11.27 2014고정4282
장물취득
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 23, 2014, at around 06:30, the Defendant posted a letter to the effect that he would sell a mobile phone after accessing the “number opening,” which is an Internet used goods transaction site, at the Busan Jin-gu B apartment, Busan, Busan, and acquired the stolen goods by purchasing KRW 33,00,000, even though he was aware of the fact that 6 smartphone 1 cost is a stolen goods.

2. On February 13, 2014, at around 20:10, the Defendant: (a) contacted with D that he/she would sell a mobile phone by accessing the Internet (Niber), which is a trading site for used goods, at Busan-gu Busan-gu B apartment; and (b) purchased 40,000 won from D with knowledge that he/she would sell a mobile phone; and (c) acquired stolen goods by purchasing 40,000 won from D with knowledge that he/she would sell a mobile phone.

Summary of Evidence

1. Each police interrogation protocol against the accused, D, or F;

1. Each statement of E and C preparation;

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 selection of punishment;

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

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

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

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