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A defendant shall be punished by imprisonment for not more than ten 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 listened to fluoring a fluoring fluor who sells smartphones that he stolen or acquired, and fluoring him to sell smartphones on behalf of him in direct transaction with the stolen goods business operator, and receiving money from the entrusting person.
On October 2012, the Defendant knowingly sold 10 smartphones to C through D through the same method in the same way as shown in the attached list of crimes from around December 3, 2012, the Defendant knew that the above smartphones were stolen or acquired by the request of the victims from his name misfluences, and sold 10 smartphones to D, who came to know of the advertisement of “surphones and earphones purchase” in front of the south-dong IC located in the Southern East-gu Incheon Metropolitan City, Nam-dong-gu, Seoul, through the Internet block, which was posted with the advertisement of “surphones and earphones purchase”, to D, who came to know of the fact that the smartphones were stolen or stolen by the request of the victims from his name misfluences, and from then to December 3, 2012.
Accordingly, the defendant assisted the transfer of stolen goods.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police against the accused (including the E substitute part);
1. An interrogation protocol of police officers against F and G;
1. Copy of the protocol of suspect examination of D by the police;
1. A self-statement prepared for H;
1. Investigative reports (Preparation of suspect G recording records);
1. Application of Acts and subordinate statutes on details of financial transactions, a copy of inquiry, and account transactions;
1. Relevant Article 362 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Election 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 of Article 62-2 of the Criminal Act on probation and community service order makes it practically impossible for the victims who stolen or lost smartphones to recover their damage by arranging transactions of smartphones, a stolen object, and distributing smartphones.