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(영문) 서울남부지방법원 2014.02.05 2013고단4184

장물취득등

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. Acquisition of stolen property;

A. On August 23, 2013, around 19:50, the Defendant purchased one set of LG optionsG smartphone from F-friendly G with knowledge of the fact that it is a stolen object owned by the victim E, the victim E, who was the main object that was stolen by B, C, and D, one at least 3.50,000 won in the middle-dong, Seocheon-si, Seocheon-si, Seocheon-si, 632, from 80,000 won in cash.

Accordingly, the defendant acquired stolens.

B. The Defendant above A.

At around 20:10 on the same day, the victim I, who embezzled the stolen possession of H at the same place, purchased in cash 200,000 won with knowledge of the fact that the victim I's market price is equivalent to 80,000 won of the smartphone 4S 1 price of the stolen goods.

Accordingly, the defendant acquired stolens.

2. On August 23, 2013, the Defendant driving a J white scoo vehicle owned by the Defendant without a driver’s license, driving a vehicle near the exit of the Socheon-gu, Seocheon-gu from around 19:50 to around 20:10 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for B, C, D, and H;

1. Each statement to I and E;

1. Records of seizure and the list of seizure;

1. Application of the Act on Disqualifications for Driver's License Records Table;

1. Relevant statutory provisions of Article 362(1) of the Criminal Act; Article 152 subparag. 1 and 43 of the Road Traffic Act; the choice of imprisonment for a crime;

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 (i.e., the period and frequency of the purchase of stolens, the quantity of the purchased stolens, etc.);