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(영문) 서울남부지방법원 2015.09.17 2015고단1807

장물취득

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant purchased and sold heavy cell phone equipment in the Bupyeong-gu Incheon Metropolitan City 3rd floor D, and around January 4, 2014, the Defendant purchased at KRW 596,00,00 even though he/she was aware that two cell phoness were stolen in a state in which level was removed from E which he/she became aware of through the bubel, and acquired stolens by purchasing at least KRW 110,00, total sum of KRW 36,948,00,00 on March 25, 2014, as shown in the list of crimes in attached Form 21.

Summary of Evidence

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Partial statement of the police interrogation protocol of the defendant;

1. Copy of the police statement of E;

1. The defendant's assertion of the police seizure protocol is argued that he was unaware of the fact that goods purchased were stolen at the time of purchase of stolen goods from E, and the criminal intent of acquisition of stolen goods is denied. However, according to the evidence duly adopted and investigated by this court, the defendant is acknowledged as a fact that he purchased stolen goods with the intention of acquisition of stolen goods, such as the purchase of stolen goods from E when he purchased stolen goods from E, but he does not doubt that they are stolen goods, but did not properly consider them. Thus, the above argument by the defendant is rejected.

Application of Statutes

1. Article 362 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant denies the criminal act of acquiring stolen property, but at least it is erroneous that the defendant acquired stolen property with due care, the defendant has no special criminal record, in addition to being punished several times due to the crime such as traffic-related, etc., and all kinds of sentencing revealed during the oral proceedings, such as the defendant's age, character and conduct, and circumstances after the crime.