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(영문) 인천지방법원 부천지원 2016.07.22 2016고단1004
장물취득
Text

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

Reasons

Punishment of the crime

On November 2015, the Defendant, in collusion with C, purchased from D about 1,1610,00 won, knowing that the victims of Samsung G Galth 5, etc. in the market price, which was purchased by D in a non-fluorous way on the roads in front of the Seoul Amal market, were lost or stolen, and acquired approximately 5,0480,000 won, including Samsung G Galth 5,000 won from D, even though he was aware that the victims of the non-name damage or stolen stolen goods were lost or stolen, and around five times, from around that time to March 29, 2016, he purchased the stolen goods from D in the aggregate for about five times, including the list of crimes in the attached Table, even though he was aware that the victims of the non-name damage or stolen goods were lost or stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect to each prosecutor against the defendant (including part concerning the C's statement);

1. Copy of each protocol concerning the examination of suspect of the police against G or C;

1. Investigation report (Attachment, such as a list of stolen cell phones purchased from D);

1. A copy of the data on G financial transactions, and one copy of the account transactions in a new bank account of A;

1. Application of Acts and subordinate statutes to 5 lists of mobile phones purchased from D and one photographic photograph of purchased mobile phones;

1. Articles 362 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant reflects his mistake and has no record of having been sentenced to imprisonment without prison labor or more severe punishment is recognized, but the defendant again commits each of the crimes of this case even though he had the record of punishment for the same kind of crime, and the mobile phone acquired by the defendant reaches 265s and was disposed of to G, and the above mobile phone was taken out of the Republic of Korea, it is inevitable to sentence the defendant's punishment.

The age, gender, and age of the defendant.

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