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(영문) 부산지방법원 2013.04.08 2013고정876

장물알선

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On August 31, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on August 31, 2012, and the judgment became final and conclusive on October 19, 2012.

On March 20, 2012, at around 01:00, the Defendant received a request from the above C to sell one of the Plaintiff’s DNA holding price of KRW 800,000, and one of the Plaintiff’s smartphone holding price of KRW 900,00,000.

The defendant knew that the above smartphone was a stolen, sold 240,000 won of the above smartphone to G in front of the F apartment in Busan-gu Busan-gu, Busan-do, and assisted the transfer of stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement prepared D and E;

1. Previous records of judgment: Investigation report (Attachment to the judgment on the suspect A), case search, and application of a copy of each judgment to Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment;

1. Handling concurrent crimes and exemption of punishment: The latter part of Articles 37 and 39 (1) of the Criminal Act ( Taking into account the equity in cases where judgment is to be rendered concurrently with the crime for which judgment has become final and conclusive);