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(영문) 서울북부지방법원 2012.09.05 2012고정1771
장물취득
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells stolen mobile phones in addition to KRW 3-70,000 per 1.

At around 13:00 on February 15, 2012, the Defendant purchased 3.50,000 won and 4.50,000 won, respectively, while he was aware of the fact that he stolen from B and stolen two cellular phones from B.

B. At around 13:00 on February 19, 2012, the Defendant purchased a stolen mobile phone from B to acquire stolen goods in KRW 220,00,00,00, when he/she was aware of the fact.

C. At around 11:30 on February 23, 2012, the Defendant acquired stolen goods by purchasing 6.20,000 won in total with the knowledge of the fact that he/she was aware of the fact that he/she acquired 8.7 million won of the market price owned by the victim C, 1 mobile phone equivalent to 990,000 won of the market price owned by the victim D, 1 mobile phone equivalent to 990,000 won of the victim E’s market price.

On February 23, 2012, around 11:35, the Defendant, at the same place, purchased the stolen victim’s mobile phone of KRW 810,00,00 in total and KRW 80,00 in the victim G market while knowing that he/she was aware of the fact that he/she had stolen the stolen victim’s F.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to D, E, F, and G;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Article 362 (1) of the Criminal Act applicable to the facts constituting the crime;

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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