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(영문) 수원지방법원 2014.04.16 2013고단7306

장물취득

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

After purchasing a mobile phone (B), the Defendant advertised to purchase a lost phone called “lost-take smartphone inserted” on the Niber C’s website, and the seller was willing to commit the crime of acquiring stolen goods by finding the phone in the above number at the place where the Defendant was a seller and then purchasing the lost or stolen smartphone.

On May 21, 2013, around 21:00, the Defendant: (a) purchased stolen goods from F in front of the E Elementary School located in Sinung-si D, with knowledge of the fact that it was a stolen goods, and acquired stolen goods from F in gallon 70,000 won; (b) around that time, from around August 6, 2013 to around August 6, 2013, the Defendant purchased 12 smartphones in total amounting to 9,185,000 won in total, and acquired stolen goods by purchasing 12 smartphones in 1,030,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Public prosecutor and police suspect interrogation protocol of the accused;

1. Each police interrogation protocol on G, H, I, J, K, L, M, N, F,O, P, and Q;

1. Application of seizure records and list statutes;

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of purchasing and distributing smartphones for sentencing under Article 48(1)1 of the Confiscation Criminal Act may be charged with another crime by facilitating the disposal of stolen or acquired smartphones, and the crime is considerably poor in that it makes it difficult for the victim to recover damage, and the defendant's name was committed on a commercial basis.

However, the number of mobile phones acquired by the crime of this case, the defendant's primary crime with no power, and the defendant's depth reflects it.