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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
"2015 Highest 1082"
1. On October 28, 2013, the Defendant: (a) around 03:00 on October 28, 2013, the thief: (b) stated that the thief was in the vicinity of D History or the wife located in Singue C; and (c) stated that the thief E, who was going out of Singue at the time, was “fab by cutting one Handphone to the saba, thereby cutting off the fabba; and (d) if there are many criminal convictions, fabbabba, fababba; and (c) caused E to have the fabababbba
On October 28, 2013, the above E had a gallon 2 mobile phone in an amount equivalent to KRW 800,000,000 at the market price of the victim F owned by the victim, who was divingd by entering the above D private house on October 28, 2013.
Accordingly, the Defendant instigated the theft.
2. On November 4, 2013, the Defendant: (a) around 07:30 on November 4, 2013, in a PC room where the name of the thiee and the transfer of stolen things cannot be known; (b) on November 4, 2013, in the private village E, from which he was going to the private village E at the time, “a mobile phone is stolen after entering the private house,” and (c) E consented thereto.
On November 4, 2013, around 08:06, E had a gallon-2 mobile phone equivalent to KRW 800,000,00 in the market value of the victim-owned land where it is impossible to find out the name he/she was diving by entering the D private rain or water surface in Sinung-si, Sinung-si.
Then, the Defendant received two cellular phones from E, and sold them to the purchaser of smartphones with the knowledge of the fact that they are stolen, in the vicinity of the Silang-dong in Siluri-si on November 4, 2013, at around 12:00, the Defendant sold them in KRW 100,00 to the purchaser of smartphones with the knowledge of the fact that they are stolen.
Accordingly, the defendant instigated theft and transferred stolen property.
No one shall acquire any means of access in using and managing the means of electronic financial transactions.
Nevertheless, on December 3, 2013, the Defendant met G, which was introduced from the Defendant’s private village E, in front of the Seocheonnam-si located in Seocheon-si, Seocheon-do on December 13, 2013, and thereafter, was in the name of female from G.