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(영문) 서울중앙지방법원 2016.07.21 2016고단3042

상습장물취득

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 10, 11 each shall be confiscated.

Seized evidence Nos. 1, 2, 5 through 5.

Reasons

Punishment of the crime

The defendant divided the name of purchasing a mobile phone to a taxi engineer, a proxy driver, etc., and purchased a stolen mobile phone, and then resells it to an illegal mobile phone exporter again, and has led him to a profit as a device.

At around 22:00 on April 20, 2016, the Defendant habitually acquired 73 mobile phones 71 and 4,3960,000 won in total, as shown in the list of crimes, from the victim G, which he acquired from the taxi engineer E (F) in front of the D convenience store located in Seocho-gu Seoul Metropolitan Government, with knowledge of the fact that it is a stolen, as well as from December 11, 2015 to May 6, 2016, the Defendant acquired 73 mobile phones 4,3960,00 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of H with respect to H;

1. Copies of each police statement made to I and G;

1. Each investigation report (Nos. 11, 31, 36 once a year);

1. Police seizure records;

1. Each monetary record (Nos. 14, 15, 16 once a year), each telephone number (No. 25, 28 times a year), each text message (net 26, 29), Kakao Stockholm (net 30 times a year);

1. Habituality of holding: Application of Acts and subordinate statutes recognizing the habition of the acquisition of stolen goods in light of the following methods, the frequency of crimes, the period of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article 363 of the Criminal Act concerning the facts constituting an offense and Articles 363 (1) and 362 (1) of the Criminal Act concerning the selection of punishment (general provisions);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act is not yet age of the defendant, and it is against the seriousness of the crime and the depth of the error. As a result, a part of the damaged items were seized, the victim's identity was returned to the victim, and two of the four of the victims whose identity has been confirmed was confirmed, and the victim's compensation for the damage was agreed to the victim, and 50,000 won was deposited for the other two.