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(영문) 서울북부지방법원 2017.12.13 2017고단4665
장물취득
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1.5 million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants are so-called “phone sales” that they purchased and sell lost or stolen mobile phones.

1. Defendant A

A. On December 29, 2015, the Defendant acquired stolen goods from the Defendant, on December 29, 2015, purchased stolen goods at KRW 1.60,00,000, even though he/she knew that the market price of the victim’s non-claimed Samsung mobile phone owned by the Defendant was the stolen goods.

B. On January 7, 2016, the Defendant acquired stolen goods after purchasing KRW 120,00,000, even though he/she knew that the market price of the victim G owned by F was a stolen cell phone in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant acquired stolen goods by purchasing KRW 1,20,00,000, even though he/she knew that F was a stolen cell phone.

Accordingly, the defendant acquired two cell phoness, which are stolen goods.

2. At around 02:00 on August 2016, Defendant B acquired stolen goods by purchasing KRW 30,00 from a substitute driver with knowledge of the fact that the victim’s non-victim was a stolen goods of Samsung Gaon A8 when the market price was lost, even though he was aware that the victim’s non-victim was a stolen goods of Samsung Gaon.

Accordingly, the defendant acquired one cell phone, which is a stolen object.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to a course-cap photograph as a result of the MFI inquiry;

1. Article 362 (1) of the Criminal Act applicable to the facts constituting an offense (the imprisonment with prison labor for a defendant A and the fine for a defendant B) of the same Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Article 333 (1) of the Return Criminal Procedure Act;

1. Defendant B: The Defendants’ reason for sentencing of Article 334(1) of the Criminal Procedure Act reflects their own crimes; Defendant A has the same record of a fine; Defendant B has no same record of crime; and Defendant B has no same record of crime.

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