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(영문) 서울북부지방법원 2014.11.06 2014고단3141

장물취득

Text

A person shall be punished by imprisonment with prison labor for not less than 6 months for a crime of No. 2 in the judgment of the defendant, and by imprisonment for not more than 4 months.

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of acquiring stolen goods at the Seoul Southern District Court, and the judgment became final and conclusive on November 23, 2013. On April 4, 2014, the Defendant was sentenced to three years of suspension of execution with prison labor for the crime of causing special obstruction of performance of official duties and acquiring stolen goods, and the judgment became final and conclusive on July 4, 2014.

【Criminal Facts】

The defendant posted a mobile phone purchase advertisement and contact point on the Internet NAVV, and thought that he purchased a mobile phone from this person by purchasing C or D with the mobile phone that he stolen or embezzled from his possession.

1. At around 16:00 on October 15, 2013, the Defendant purchased stolen goods at the price of 70,000 won, even though he/she was aware of the fact that the value of smartphone 1 cost is a stolen goods, in front of the luminous middle school located in 7-ro 3-ro 7, Gwangjin-gu, Seoul, the Defendant acquired stolen goods at the price of 1,00,000 won.

In addition, the Defendant, alone or in collusion with the Defendant (a conspiracy with C, No. 2,6-10 per annum of crime sight list) and acquired stolen goods by purchasing them from around 10 times to November 13, 2013, with knowledge of the fact that the Defendant’s act of conspiracy with C is a stolen goods of 10,000 won at a total of 7,80,000 won, from around 10 times, from around 10,000 to around 13, 2013.

2. The Defendant continuously conspired with D in collusion with D in the foregoing manner, and acquired stolen goods by purchasing at least 80,000 won in total, even though he/she was aware of the fact that the smartphone cost of KRW 6.50,000,000 in a market price is a stolen charge on seven occasions from November 27, 2013 to January 8, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused, F, C, D, G, H, I, J, K, E, L, M, N,O, P, Q, R, and T;

1. U.S. automobiles: a written request for video data reading, a written request for appraisal, etc.;