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(영문) 광주지방법원 2013.06.20 2013고단1814
장물취득
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendants received KRW 100,000 per day from D, a stolen business operator, and purchased a mobile phone from passengers on the taxi at a certain price against the taxi driver, and sentenced them to the above D to deliver it.

1. On April 20, 2013, Defendant A acquired stolens at KRW 30,00,00, even though he knows that the gallon-owned market price of the victim F, who he intends to sell from E, on the road near the luminous terminal located in Seo-gu, Seo-gu, Seo-gu, Gwangju, about 01:10.

From the beginning of January 2013 to April 20, 2013, the Defendant purchased 29 smartphones equivalent to 25,647,600 won in total as indicated in the attached Table (i) and acquired stolens.

2. On April 2013, the Defendant purchased stolen goods in KRW 60,000 with knowledge of the fact that the victim I’s market value of 900,000,000 No. 1 smartphones owned by the victim I, who the Defendant attempted to sell from the taxi engineer in front of the Halart located in Gwangju Seo-gu, Seo-gu, Gwangju, and acquired stolen goods.

From April 11, 2013 to April 18, 2013, the Defendant purchased 12 smartphones equivalent to the total market value of KRW 10,670,200 from around April 11, 2013, and acquired stolens.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of J, I,K, L, M, N, and E;

1. Each protocol of seizure, a list of search and seizure (a list of pages 25, 26, 32, 33, 38, 39, 47, 48, 114, 115 pages);

1. Details of transaction text messages and text messages;

1. Application of Acts and subordinate statutes to each criminal investigation report (281 pages, 283 pages, 487 pages, 529 pages);

1. Relevant provisions concerning the facts constituting an offense and the Defendants who choose the penalty: Article 362 (1) of the Criminal Act;

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Criminal Act.

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