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(영문) 수원지방법원 안양지원 2017.06.16 2017고단132
장물취득
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

The defendant operates a street store in the Jongno-gu Seoul Metropolitan Government No. 4 E Station, and operates a sales business of used goods, such as a mid-to-door mobile phone and ship box.

[2017 Highest 132]

1. On September 4, 2016, the Defendant acquired each of the stolen items related to 11, F, etc. from G and F, by purchasing 16 smartphones in total nine times from the victim’s name and acquiring each of the stolen items by purchasing 1,1625,600 won of the market price owned by the victims from G and F, from around January 7, 2017, including acquiring stolen items with knowledge that the Plaintiff’s market price of KRW 1,00,000,000, which is the victim’s F, was the victim’s smartphones, with knowledge of the fact that they were stolen.

[2017 Highest 320]

2. Around May 6, 2016, the Defendant acquired each of the stolen stolen parts of the Victim H and I, even though he/she was aware of the fact that he/she was a stolen victim H, the Defendant acquired each of the stolen parts by purchasing the above portable phone from J with KRW 100,00,00,00 and around May 23, 2016, with knowledge of the fact that he/she was a stolen part of the Victim H and I, the Defendant acquired each of the stolen parts by purchasing the above portable phone with KRW 60,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000

Summary of Evidence

[2017 Highest 132]

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A protocol of seizure and a list of seizure;

1. The report of investigation (or the detection of a camera);

1. The photograph and photograph of the seized site (2017 high group 320);

1. Statement by the defendant in court;

1. Statement by J of the witness in the third trial protocol of the 2016 High Court Order 2016 High Court Order 2615 High Court Order 2615;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 333(1)1 of the Return Criminal Procedure Act states that “Aphone 5” is included in the seizure protocol.

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