특정범죄가중처벌등에관한법률위반(절도)등
Defendant
B A person shall be punished by imprisonment for a year and six months.
The seized IBM North Korea only and IBM mobile phone.
The defendant is a person who was sentenced to imprisonment with prison labor for ten months and two years of suspended execution on July 3, 2012 with prison labor for fraud in the Suwon District Court's Ansan branch on July 3, 2012 and is currently under suspended execution as of January 22, 2013.
[2014dan47] On October 20, 2013, Defendant B purchased KRW 290,000 from the above date to February 27, 2014, with the knowledge of the fact that it is a gallon 3 smartphone 1 price in the market value of the victim H that Defendant A stolen, at around 394-5, in front of the plaza middle school located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul. Defendant B purchased KRW 58 of smartphones owned by the victims who stolen at least 20 times, with the knowledge of the fact that it is a gallon 3 smartphone 1 price in its market value.
Accordingly, the defendant habitually acquired stolen goods.
Summary of Evidence (Defendant B)
1. Defendants’ respective legal statements
1. Each prosecutor's interrogation protocol against the Defendants
1. A protocol of suspect examination of the police officer regarding I;
1. Each police statement concerning J, K, and L;
1. Each written statement of M, H, N,O, P, Q, R, GIST, T, U, V, X, Y, Z, AAB, AC, AD, AE, AF, AH, AI, AJ, AK, AL, AL, AM, AM, AM, AE, AP, AP, AP, AP, AS, AS, ATS, AV, AV, AW, AY, BA, BB, BD, BF, BG, BG, BJ, BL, BL, BM;
1. Each protocol of seizure;
1. A report on investigation (an investigation into the relationship of I and accomplices);
1. Previous convictions: Criminal records, investigation reports (Attachment to judgments of suspension of execution against B of a suspect), and respective judgments attached thereto;
1. Habitualness: Determination as to the defendant B's assertion in light of the following: each method of crime, frequency of crime, and the same kind of crime committed several times in a short period of time in a planned and organized manner as indicated in the judgment as to the defendant B's assertion
1. The above defendant and his defense counsel asserted that the crime of acquiring stolen property of this case was merely committed with a set of money, and thus, it cannot be deemed that it cannot be viewed as a habit of acquiring stolen property.
2. Habitual acquisition of stolen goods.