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(영문) 대전지방법원 2016.06.22 2016고단1276
장물취득
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Reasons

Punishment of the crime

[2016 Highest 1276] Defendant A obtained 30 cell phoness, a total of 30 times from around March 24, 2016 to April 16, 2016, including the fact that 14 cell phoness, such as Samsung G, H, and I, purchased from HG vehicles under the title “scambing” method in front of the D cafeteria, which was located in Daejeon-gu Daejeon-gu Seoul Special Metropolitan City (hereinafter referred to as the “Scambling”), with knowledge that the market price of the victim J-owned, is 90,000 won, such as Samsung G, H, H, and I, by acquiring stolen goods, from around 04:30 to 16, 2016.

[2016 Highest 1433] Defendant A acquired a mobile phone, which is 12 stolens from around the end of January 2016 to around 03:00, from around the end of 00:0 to around 03:00, in front of the L convenience store located in Daejeon Jung-gu, by purchasing 4,60,000 won and disposing of it to M with one million won, even though he knows that the mobile phone is 4,000 won of the mobile phone in front of the L convenience store located in Daejeon Jung-gu, Daejeon. From around that time to March 9, 2016, Defendant A acquired 6 times a mobile phone, as shown in the list of crimes in Attached Table 2.

[2016 Highest 1513] On December 15, 2015, Defendant A acquired a cell phone, a total of 19 stolens from around 200,000 won, even though he/she knows that the market value of Samsung Ggalth 6,000,000 won owned by the victim’sO was a stolen, from a person who was missing in his/her name, around 15:00 on December 15, 2015. From around that time to March 15, 2016, Defendant A acquired a cell phone, a total of 19 copies from around nine occasions, as indicated in the list of crimes in attached Table 3.

Summary of Evidence

[2016 Highest 1276]

1. Defendant A’s legal statement

1. Each legal statement of P and F;

1. A protocol concerning the examination of suspects of I, H, G, Q, R, S, and T;

1. Each statement of the U, J, V, W, X, Y, Z, AB, AC, AD, AE, AF, AG, AH, AI and AJ;

1. A report on investigation (the search of vehicles and photographs of cell phones);

1. Each photograph;

1. Protocol of seizure (2016 order 1433);

1. Defendant A’s legal statement

1. Legal statement of P;

1. A copy of each protocol concerning the examination of suspects of M to the prosecution (2016 high-level 1513);

1. The defendant A's legal statement.

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