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(영문) 서울중앙지방법원 2014.12.18 2014고단7112
장물취득
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, together with D, resided in China and purchased smartphones that are difficult to dispose of, such as acquiring, etc. on the road, at a high price through the Internet bulletin board, has the collection books, such as E,F, G, and H, residing in the Republic of Korea, have those who reported such advertisement to purchase smartphones that they stolen or embezzled from those who contacted with such collection books, and let I transport the smartphones acquired by I, which is the transport books, to China, and had them dispose of such smartphones so acquired, at a high price in the middle and market of the mobile phones located in the second China.

On December 15, 2012, the Defendant: (a) informed of the fact that the Internet advertisement was a 900,000 won-on 41 price owned by the victim’s name, the market price of which was the victim’s embarphone 41,00,000 won, from J, which reported and contacted in D located in the area of the Mazan Island located in the Mazan of China; (b) ordered G to receive the above stolen through Kakaook; and (c) accordingly, G purchased the 41-on 40,00 won-on 8,000 won-on 18:30,000 won-on 18:30,000,000 won-on 8,000 won-on 1,000 won-on 5,00,000 won-on 20,000 won-on 83,000 won-on 28,013.

Accordingly, the defendant acquired stolen goods in collusion with D, E, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Application of statutes applicable to each police interrogation protocol of F, H, E, I, and G;

1. Relevant provisions of the Criminal Act and Articles 362 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

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

4. Probation and community service order;

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