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(영문) 전주지방법원 군산지원 2014.07.10 2014고단4
장물양도
Text

Defendant

A A shall be punished by a fine of two million won, by a fine of two million won, by a defendant B, and by a fine of two million won.

Reasons

Punishment of the crime

Defendant

A, B, and D around 21:30 on December 10, 2013, 201, two Vietnames reported the Defendants at the wharf near the Sinsan East Port on the escape of the Defendants, and brought about the early four boxes, which were concealed in the early one box and its neighboring areas.

As a result, the above Defendants conspired to embezzled five early boxes (250,000 won per one box) equivalent to the market price of KRW 1,250,000 owned by the victim G, which is an object of possession.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of H (I) by the prosecution;

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement of each police statement to G and J;

1. Evidentiary photographs related to the suspect H emergency arrest, etc., Handphone identification photographs, and CCTV supporting photographs of fishery products centers;

1. Investigation report (verification of suspect's Handphones);

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

1. Article 360 (1) and Article 30 of the Criminal Act and the choice of punishment for the crime; Articles 360 (1) and 360 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Judgment on the primary facts charged

A. At around 21:00 on December 10, 2013, Defendants B, C, D, and E co-principaled the Defendant’s main charges: around 21:00, at the wharf of the Sinsan Sea Zone in the front of the Sinsan Sea Zone, the Defendant took away from the Defendant’s main charges the total sum of KRW 2.50,000,000,000,000,000,000,000,000,000 won at an early 10,000,000 won of the market value of the said victim’s possession (2.3kg per box) and 1.53kg of fishery products at the front of the Sinsan Sea Zone in the vicinity of the Sinsan Sea Zone in the case of mooring, and entered the Defendant’s joint parking lot at around 13:30,000,000 won, respectively.

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