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(영문) 의정부지방법원 고양지원 2014.01.16 2013고정1862
장물취득
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 23, 2013, the Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Southern District Court for the crime of acquiring stolen goods, and the said judgment became final and conclusive on November 23, 2013.

The defendant is a person who purchases a lost smartphone from an unspecified person by advertising "C, with a maximum amount of smartphone that he/she acquired, purchasing a lost phone without a container, promptly processing it within the 40 minutes of the Seoul Gyeonggi-gu Incheon Metropolitan Government, and by advertising "C" in the Internet portal site B.

around 13:00 on January 8, 2013, the Defendant acquired stolen goods after being delivered, with knowledge of the fact that the victim H owned by the Defendant was a stolen at the fifth floor toilet located in the Chungcheongbuk-gun Office F around June 2012, G high school from the 5th floor of G high school located in the Chungcheongnam-gu Office F, Chungcheongnam-do.

At around 15:30 on the same day, the Defendant acquired stolen goods at 2.70,000 won after being aware of the fact that the victim I was a stolen goods in K-J in Seoul Special Metropolitan City, at the 26:15 on the same day, at K-S3 of the stolen market price in K-gu, Seoul Special Metropolitan City, the Defendant acquired the stolen goods at the price of 2.70,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each statement of I, H and L;

1. Police seizure records;

1. A report on investigation (a case of attaching contents to advertisements);

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

1. Article 362 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 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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