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(영문) 인천지방법원 부천지원 2013.05.15 2013고단130 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, who reported and contacted job offer advertisements, proposed that he will purchase the Internet advertising writing to pay a fee when purchasing a cell phone from the person who reported and contacted the Internet advertisement, and accordingly, he was willing to purchase the cell phone and deliver it to the person who was not the name.

1. On October 21, 2012, around 15:30 on October 21, 2012, the Defendant: (a) purchased one gallon ju S3 mobile phones equivalent to 990,000 won in the market price owned by the victim D, who stolen from C at a different place in front of the Seocheonbuk-dong 316-2, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; and (b) acquired stolen goods after being aware of the fact that it is stolen.

2. At around 13:30 on October 31, 2012, the Defendant: (a) purchased a cell phone of the victim H2 mobile phone from G on the street in front of the F University located in Manyang-gu, Manyang-gu; and (b) acquired stolen goods from the victim H-owned market value despite being aware that it was stolen.

3. On October 31, 2012, around 14:40 on October 31, 2012, the Defendant purchased a 100,000 won cell phone 4 mobile phone, which was stolen from I in front of the Seoul Southern Terminal Station located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, 1446-1, from I to another place, and acquired stolen goods after being aware that it is stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement of each police statement made to D, H and J;

1. Application of Acts and subordinate statutes to the protocol of seizure (propact submission), list of seizure (Evidence Nos. 27 and 28);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that “A victim D shall be injured by co-defendant C, and the victim H and J shall temporarily recover the damaged goods and recover the damage.