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(영문) 수원지방법원 안양지원 2014.02.28 2013고단1314

장물취득

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B does not pay a fine.

Reasons

Punishment of the crime

[2013 Highest 1314] - Defendants’ co-principal - Defendant A conspired to communicate with the seller and pay the price to purchase smartphones which are stolen, and Defendant B conspired to play a driving role to the place of water purchase.

On August 2, 2013, from around 21:30 to 21:50, the Defendants acquired stolen goods by purchasing at 1.20,000 won, knowing that the market price of the victim F owned by D and E, which was stolen by E, was the cost of smartphone 1,00,000 won, in front of the 411-8 E-Maart-dong Man-dong Man-dong Manyang-dong Manyang-dong, Ansan

Accordingly, the Defendants conspired to acquire stolen goods.

"2014 Highest 160" - Defendant A's sole criminal conduct

1. At around 19:00 on June 1, 2013, the Defendant purchased gallon 2 smartphone 30,000 won and acquired stolen goods with knowledge of the fact that G was stolen on the street in front of the area where the hot water was located in Guro-gu Seoul Metropolitan City, and is owned by the victim.

2. At around 12:00 on June 2, 2013, the Defendant acquired stolen goods by purchasing galgal jusopon2 smartphones with knowledge of the fact that it is a stolen property owned by H in front of an official elementary school located in the Nam-gu Incheon Metropolitan City, Nam-gu.

3. On June 2, 2013, the Defendant: (a) purchased observersG prophone, which was the victim J, and acquired stolen goods by purchasing 170,000 won after being aware of the fact that the Defendant was the victim’s observers, who was the victim J.

Summary of Evidence

"2013 Highest 1314"

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. F statements-Duplicates "2014 Highest 160";

1. Defendant's legal statement;

1. A copy of the protocol of suspect examination of the larceny case against G;

1. Application of each police protocol to H and I;

1. Articles 362 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Defendant A: Imprisonment with prison labor; Defendant B; 1. A.