상습장물취득
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The grounds of appeal are examined to the extent of supplement in case of the subsequent assertion after the lapse of the period for submitting the grounds of appeal.
1) It cannot be deemed that all the damaged goods in the attached list 1 of the daily list of crimes are stolen.
Attached Form
The list 1 of crimes is written on the basis of the E's statement and the books prepared by him, and it does not coincide with the entry of E's account book and the entry of attached list 1.
In addition, the mobile phone marked as "locked Kim" on the above book is a stolen device, but other mobile phones were normally transacted.
2) Since the Defendant did not recognize that the entire damaged goods were stolen, the Defendant did not have any intention to acquire stolen goods.
3) Many of the two mobile phones in the attached list 1 of the crime sight table are either impossible to use or necessary to repair a mobile phone, and each mobile phone market price shall be calculated on the basis of used goods, not new products.
4) In light of the background, frequency, etc. of the instant crime, the Defendant cannot be recognized as habitually acquiring stolen goods.
B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is in collusion with E and the Defendant, who came to know while working in a mobile phone agency, sold in large quantity smartphones, which are stolen from the distributors, and sold them to “F” without knowing the name in China.
On February 6, 2015, the Defendant, at around 14:00, had E purchase 11 smartphones with knowledge of the fact that the victim K was a product for a total of 11 smartphones, including 86,800 SM-G90S smartphones in front of the H located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.
The Defendant, from November 19, 2014 to February 6, 2015, extended over 61 times as shown in the annexed Table 1 in the following manner.