장물취득
Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of 1.5 million won.
Defendant
B The above fine.
Punishment of the crime
The Defendants are so-called “phone sales” that they purchased and sell lost or stolen mobile phones.
1. Defendant A
A. On December 29, 2015, the Defendant acquired stolen goods from the Defendant, on December 29, 2015, purchased stolen goods at KRW 1.60,00,000, even though he/she knew that the market price of the victim’s non-claimed Samsung mobile phone owned by the Defendant was the stolen goods.
B. On January 7, 2016, the Defendant acquired stolen goods after purchasing KRW 120,00,000, even though he/she knew that the market price of the victim G owned by F was a stolen cell phone in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant acquired stolen goods by purchasing KRW 1,20,00,000, even though he/she knew that F was a stolen cell phone.
Accordingly, the defendant acquired two cell phoness, which are stolen goods.
2. At around 02:00 on August 2016, Defendant B acquired stolen goods by purchasing KRW 30,00 from a substitute driver with knowledge of the fact that the victim’s non-victim was a stolen goods of Samsung Gaon A8 when the market price was lost, even though he was aware that the victim’s non-victim was a stolen goods of Samsung Gaon.
Accordingly, the defendant acquired one cell phone, which is a stolen object.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the examination of suspect of H with respect to the police;
1. Details of transactions of deposits and withdrawals;
1. Application of Acts and subordinate statutes to a course-cap photograph as a result of the MFI inquiry;
1. Article 362 (1) of the Criminal Act applicable to the facts constituting an offense (the imprisonment with prison labor for a defendant A and the fine for a defendant B) of the same Act;
1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;
1. Article 333 (1) of the Return Criminal Procedure Act;
1. Defendant B: The Defendants’ reason for sentencing of Article 334(1) of the Criminal Procedure Act reflects their own crimes; Defendant A has the same record of a fine; Defendant B has no same record of crime; and Defendant B has no same record of crime.