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(영문) 서울동부지방법원 2015.09.03 2015고단1132 (1)

장물취득

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

B as a stolen business operator (one-name "scam") who purchased smartphones that he or she acquired against an unspecified taxi engineer who reported and stopped smartphones on the road, under the below, and sold them to China, he or she conspired the Defendant to purchase a smartphone directly against the taxi engineer on the road and to transfer the purchased smartphones to B by the Defendant.

피고인은 위와 같은 공모에 따라 2015. 5. 4. 01:00경부터 03:00경까지 사이에 서울 서초구 양재동 뱅뱅사거리 인근 노상에서, 불상의 택시기사로부터 성명불상 승객이 분실한 엘지G2 스마트폰 1대를 장물인 사실을 알면서도 위와 같은 방법으로 40,000원에 매수한 후 이를 B에게 전달하였다.

The Defendant, along with B, purchased 10 smartphones, which are stolen by the same method nine times from April 23, 2015 to May 4, 2015, as indicated in the attached crime sight table (2).

Accordingly, the defendant acquired stolen goods jointly with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B;

1. A report on investigation (the mobile phone analysis in the B name);

1. Data on the details of currencies;

1. Application of the Acts and subordinate statutes governing analysis photographs;

1. Relevant Articles 362(1) and 362(1) of the Criminal Act and 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. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., is the background and content of each of the crimes in this case, frequency of the crimes, social risk of the crimes, degree of damage, role of the defendant, the amount of profit acquired by the defendant individually, confession and reflect, the fact that there is no record of criminal punishment other than a fine prior to and once, and the defendant's age;