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(영문) 대구지방법원 서부지원 2013.06.25 2013고단365

장물취득

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant purchased a stolen smartphone by another person C and others, and disposed of it, thereby gathering profits as another device.

C contact on January 1, 2013, that there was a stolen smartphone from D at an irregular and irregular place, and notified the Defendant of the place where the promise was made and purchased such smartphones. On January 1, 2013, the Defendant purchased at KRW 50,000 of the price with knowledge of the fact that the victim G ownership of the victim who he stolen from the said D was the victim G in the Seo-gu Daegu Metropolitan City E around 19:00 on January 1, 2013.

In addition, the Defendant, in collusion with C, purchased 8 smartphones in total amounting to KRW 7,833,900 in the same manner on eight occasions from that time to February 3, 2013, and acquired stolens in total amounting to KRW 920,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant Articles of the Criminal Act and Articles 362 (1) and 30 of the Criminal Act concerning the crimes. Article 362 (Selection of Imprisonment);

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

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

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;