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(영문) 대구지방법원 2017.12.12 2017고단5224

장물취득

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

Reasons

Punishment of the crime

1. On February 2013, Defendant A opened a mobile phone under the name of the age corporation without paying the cost of the mobile phone, and then sold the mobile phone by separating the device and the core, Defendant A, a dealer of the “large phone” by deceiving the telecommunications company by the above method and decided to purchase the mobile phone at KRW 600,000 per the end.

From February 2013 to May 2013, the Defendant purchased approximately KRW 195,00,000 as KRW 117,000,00,000, the end of which D had been established in the name of a host juristic person, such as the list of crimes, at a middle- and high-phone office operated by the Defendant located in Daegu Suwon-gu E.

Accordingly, the defendant acquired the cell phone terminal that D acquired as a result of the crime of fraud with knowledge that it is a stolen.

2. On May 2013, Defendant B received a request from F, “A person who is likely to purchase a mobile phone core chip established in the name of a juristic person” from Defendant B, “a person who is aware of a person who will purchase a mobile phone core chip established in the name of a juristic person.”

On May 2013, the Defendant introduced one "I" to F to purchase a core chip at the H coffee shop located in Daegu Suwon-gu G, and accordingly, F decided to sell the cell phone depth in the name of the relevant corporation that he/she acquired by deceiving the communications company to I for KRW 330,00 won per each, and until July 2013, the Defendant transferred approximately 150 of the core chip to F.

Accordingly, the defendant assisted the transfer of stolen goods with knowledge that F chips sold by F have been acquired as a result of fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning examination of the suspect of each prosecution against D or F;

1. Application of statutes on each prosecutor's statement protocol to D and F;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 362(1) of the Criminal Act (or choice of imprisonment);

B. Defendant B: Article 362(2) and Article 362(1) of the Criminal Act (Options of imprisonment)

1. Aggravationd Defendant A: the former part of Article 37 and Article 38(1) of the Criminal Act.