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(영문) 수원지방법원 2014.08.28 2014고단3665

장물취득등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 19, 2012, the Defendant was sentenced to six months of imprisonment for special larceny at the Suwon District Court, and completed the execution of the sentence on January 21, 2013.

【Criminal Facts】

1. Acquisition of stolen property;

A. At around 15:30 on January 13, 2014, the Defendant acquired stolen goods after being aware of the fact that the victim D owned by C was a stolen goods in an amount equivalent to KRW 800,000,00,000 of the market price of the victim D, which he/she had taken from C, at the front of the 552 Embom death base.

B. On January 22, 2014, around 22:00, the Defendant purchased the stolen goods from the front day of the F Hospital in E at Silung-si, with the knowledge of the fact that 3 funerals for women in the market value, which is the victim of the non-defluence in his name, are the stolen goods, and acquired the stolen goods.

C. The Defendant was on February 2, 2014, around 05:00.

In the place described in paragraph (1), 62 precious metal equivalent to 15,945,200 won in the market price of the victim who owns the false name from the person who has failed to obtain the stolen goods after purchasing 3,500,000 won in the price knowing that it is the stolen goods.

2. On February 22, 2014, the Defendant: (a) received a request from C to sell approximately 10 points of precious metal, the owner of the precious metal, which he had stolen from C, at the place specified in paragraph (1) b; and (b) knowingly knowingly, sold the relevant precious metal to G to arrange the transfer of the stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and G;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc., personal identification and confinement status;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act (the acquisition of stolens, the choice of imprisonment), and Article 362 (2) and (1) of the Criminal Act (the occupation of stolens and the choice of imprisonment) of the choice of punishment concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act reflects his mistake, and each of the crimes of this case.