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(영문) 서울중앙지방법원 2013.05.15 2013고단136

특정범죄가중처벌등에관한법률위반(장물)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

D is a person who is supplied with a cell phone, which is a stolen from E, and then sent to China or Hong Kong through international air mail, from a person who purchases a cell phone from another person who steals or another person who purchases a stolen mobile phone from a taxi engineer (the person who purchases another person's mobile phone). F and G receive a stolen charge from a purchaser of a stolen phone in China, and bring them into the Republic of Korea, and deliver it to D, etc., by entering the Republic of Korea in the name of "H" around 2000, after entering the Republic of Korea in around 2006, the Defendant was forced to enter the Republic of Korea in around 2006 (the People's Republic of China), and obtained a cell phone lost or stolen in the Republic of Korea with the above D, F, and G, etc., and carried it out to Hong Kong or China (the person who receives a mobile phone from China as a stolen person in the Republic of China to transfer it to China).

At around 17:00 on July 10, 2012, the Defendant purchased 70 mobile phones from the above D to KRW 8.5 million, and had it deliver it to Hong Kong through air transport, and acquired stolen goods by purchasing 250,000 won from July 10, 2012 to November 26, 2012, including the fact that the Defendant habitually purchased 1830 mobile phones from July 10, 2012 to November 26, 2012, by purchasing 250,000 won with knowledge that the cell phone is a stolen goods.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. Investigation report (verification as to whether cellphones are stolen);

1. The screen pictures of investigation reports (influorial messages stored in a cell phone referred to in subparagraph 1) and cell phone text messages;

1. Screening screen pictures for investigation reports (the trading unit price table stored in smartphones No. 10) and cell phone trade unit price table;

1. Copies of investigation reports (or relative cases of the UPS dispatch place) and cargo waybills;

1. A list of unit sales price;

1. A copy of the passport of the suspect (A) and the status of entry and departure of each individual (A).