beta
(영문) 부산지방법원 2014.03.06 2013고단9091

장물취득

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. At around 02:00 on October 8, 2013, the Defendants conspired to send to the Defendants a signal of purchasing a lost smartphone to a taxi engineer who passed through the road in a method of on-and-offing the level of purification of the amount of the mobile phone from the front side of the home fluor in Busan, the Busan, by purchasing at least 800,000 SKY’s market value of the victim E, embezzled by a taxi engineer, with knowledge of the fact that it is a stolen article, the Defendants purchased at least 11 smartphones at the same place from October 8, 2013 to 04:00 on October 8, 2013, by purchasing at least 200,000,000 won, which is much lower than the market value, with knowledge of the fact that it is a stolen article, as described in the attached list of crimes.

2. At around 02:30 on November 27, 2013, at the same place as in paragraph (1) and at the same time, Defendant B purchased 30,000 won and acquired stolen goods despite being aware of the fact that it is stolen, one of the smartphone 5 smartphones, which is equivalent to KRW 800,000, the victim F, embezzled by a taxi engineer under his name, in the same manner as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the Defendants (the second, the second, and the second, the second)

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Articles 362(1) and 362(1) and 30 of the Criminal Act and the choice of punishment for the Defendants

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the Defendants shall have the same criminal records of several times, but there is no record of being sentenced to the suspension of qualification or more severe punishment, reflect

1. Confiscation Defendant B: It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act.