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A defendant shall be punished by imprisonment for one year.
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
The Defendant purchased smartphones that he stolen or acquired from many unspecified persons, and expressed an advertisement “I wish to sell the smartphones, learningphones, and mobilephones. C” on the Internet-based website.
On May 11, 2013, the Defendant purchased approximately 120,000 gallons and acquired 35 smartphones in total 33 times from the day to July 17, 2013 by purchasing approximately 5,895,000 gallons by the following methods, even though he/she knew that the above advertisement reported and contacted F was stolen from the bend of E High School located in Hanam-si, Hanam-si, Seoul, with the knowledge that the market price of the victim's name and unclaimed box owned by the 69,600 won was stolen.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A copy of each police protocol examined by the police officer in relation to F, H, I, J, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AAB, AC, AE, AE, AF, AH, AH, AI, AJ, AK, AL, and AM;
1. Aa written statement of DNA, AO, AP, and Q;
1. Application of Acts and subordinate statutes on seizure records;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the following: (a) the criminal defendant is divided into several occasions; (b) cooperation in the investigation was committed in a net order from the beginning of the investigation; (c) a part of seized stolen articles was returned to the victims; (d) the criminal defendant deposited a certain amount for the victims whose identity has been verified; and
1. Probation under Article 62-2 of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;