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(영문) 서울중앙지방법원 2014.06.27 2014고단1818
장물취득
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who purchases a lost or stolen mobile phone from a taxi driver or purchases and disposes of a mobile phone professionally from the intermediate collection of stolen mobile phone.

around 21:00 on November 30, 2013, the Defendant: (a) knowingly purchased 4 smartphones purchased from E, which is an on-site collection book, from E, which is an on-site collection book; (b) purchased 700,000 won from the said E; (c) purchased 4 smartphones purchased from H, which is an on-site collection book, from the front side of the Geumcheon-gu Seoul Metropolitan Government G market, around December 9, 2013; and (d) knowingly acquired 920,000 won from the said E, with the knowledge of the fact that the 4 smartphones purchased from H, which is an on-site collection book, from August 30, 2013 to December 9, 2013, the Defendant knowingly acquired 70 smartphones from the 10th day to December 8, 2013 to the knowledge of the fact that it is a stolen, and purchased 8th day of the smartphones as a "on-line."

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a prosecutor with regard to I;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant; the defendant has no other criminal record except for a fine before and once; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime are considered as a whole and the punishment shall be determined as ordered in the same manner;

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