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(영문) 서울중앙지방법원 2013.03.28 2013고단719
장물취득
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

The notes issued by the Bank of Korea, which have been seized.

Reasons

Punishment of the crime

Defendant

A on May 15, 2009, the Seoul High Court sentenced a maximum term of two years, a short term of one year and six months, and completed the execution of a sentence on January 3, 201 at the Kimcheon Juvenile Reformatory.

1. The Defendants’ co-offenders purchased or stolen high-priced smartphones from taxi drivers, friendships, etc., and sold them to J et al., and conspired to divide one half of the proceeds therefrom.

On January 5, 2013, around 16:00, the Defendants purchased 42 smartphones lost by another person from the above date to January 30, 2013, as indicated in the attached Form (1) and (2), including purchase of stolen goods from S5 Smartphone 1, even though he/she knew that it was a stolen charge, at the street near the Anyang-dong located in the Mayang-gu, Annyang-si, Annyang-si, Annyang-si, the victim of which he/she acquired from K, was aware that it was a stolen charge.

Accordingly, the Defendants conspired to acquire stolen goods.

2. On October 2012, Defendant A’s sole criminal conduct purchased stolen goods after being aware of the loss of a victim’s name in a gallon, which he/she acquired from M in the street around the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government L, by purchasing S2 smartphone 1 cost to KRW 50,000,000.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect examination protocol of N,O, P, K, Q, R, and M;

1. Each police statement about S, T, U, and V;

1. Written statements of W, X,Y, Z, AA, AB, AC, and AD;

1. Police seizure records;

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (A), and Acts and subordinate statutes;

1. Defendants: Articles 362 (1) and 30 of the Criminal Act (the point of acquiring stolen goods and the choice of imprisonment) concerning the relevant criminal facts;

1. Aggravation for repeated crimes;

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