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(영문) 서울중앙지방법원 2013.05.16 2013고단491 (1)
장물취득
Text

Defendant

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

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A of the 2013 Highest 491 [Defendant A] posted a letter of “I purchase of domestic openings,” on the NAV bulletin board, using a mobile phone opened to another person’s name, and purchases heavy mobile phones by producing and distributing a leaflet.

Defendant

A around 22:00 on December 19, 2012, at the subway station located in Seocho-gu Seoul, Seocheon-gu, Seoul, it acquired stolen goods from E in the subway station located in Changcheon-gu, Seoul, as it did not acquire one cell phone of 3 galtho-si in the victim F-owned by the victim and did not return it to the victim, and acquired stolen goods even after being aware that the aforementioned cell phone, which was embezzled, is a stolen property,.

Defendant

A, in addition, from the beginning of December 2012 to December 20, 2012, from around December 2012, 15 to around December 20, 2012, purchased 15 mobile phones at a total of 3050,000 won, and acquired stolens.

On November 22, 2012, Defendant A acquired 600,000 won of smartphone 23, which was stolen by J, etc. from H and I, even though he/she knew of the fact that he/she was a stolen, Defendant A acquired 6,00,000 won of smartphone 60,000 won of the stolen.

Summary of Evidence

"2013 Highest 491"

1. Defendant A’s legal statement

1. Police suspect interrogation protocol regarding E;

1. A copy of each protocol of suspect examination of the police against K;

1. Each police statement on L, M, N,O, P, Q, R, F, S, T, U, and V;

1. Records of police seizure and list of seizure;

1. Each internal investigation report (to attach a NA bulletin), and (to attach specified suspicions and relevant records);

1. Scenic paper;

1. A list of purchase prices;

1. Each investigation report (A related to the investigation of communications service No. 3) and (related to provisional return and transfer of seized articles) 2013 order 1974;

1. Defendant A’s legal statement

1. A copy of each police interrogation protocol against I and H;

1. Application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment for the crime: Article 362 (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;

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