2013Gohap175(Separation)

(b) Violation of the Road Traffic Act;

(c) Larceny;

1. A.

2.(a) B

Promotion at Category : Promotion (Public Prosecution) and on schedule;

Law Firm C (For Defendant A)

Attorney D

Attorney E (Defendant B)

April 26, 2013

Defendants shall be punished by imprisonment for one year and six months.

However, the execution of each of the above punishment against the Defendants is suspended for two years from the date this judgment became final and conclusive.

To order Defendant A to provide community service for 160 hours, Defendant B to provide community service for 120 hours, and to attend a compliance driving lecture for 40 hours.

Seized Nos. 17, 41-43 from Defendant A, and Nos. 11 to 13 from Defendant B, respectively.

Seized Nos. 2-10, 14, 18-40 shall be returned to the victims' names, respectively.

Criminal History Office

1. Defendant A

A. From June 10, 2012 to October 15, 2012, the Defendant: (a) received a request from F to dispose of the amount of smartphones of 111 unit, such as “gallon No. 2” in the market price acquired by him/her in an influorous manner from the Chinese victim; and (b) knowingly received a request from P to dispose of the amount of smartphones of 111 unit; and (c) knowingly, sold the same smartphones to the seller of China, and arranged

B. From December 13, 2012 to January 16, 2013, the Defendant knowingly acquired 32 mobile phones, such as gallonians, purchased from G in the Gangnam-gu Cheongdamdong to "Internet site H" and "I" in the advertisement, and purchased from his nameless winners, with the knowledge that it is a stolen property.

C. Around January 15, 2013, the Defendant acquired 14 mobile phones, such as “gallonians,” which he acquired by J in an unlawful way, by way of obtaining delivery from China via aviation lines, with knowledge of the fact that they are stolen goods.

D. At around 23:30 on January 19, 2013, the Defendant knowingly acquired 11 mobile phones, such as “gallonite, etc., purchased from Defendant B’s online site” in the “L” coffee shop, which was located in Seocheon-si, Seocheon-si, Seocheon-si.

E. From January 21, 2013 to January 25, 2013, the Defendant acquired ten cell phones 10, such as “galthal jugnogno” acquired from O in front of the 'N convenience store near Seocheon-gu M, Seocheon-gu, Busan” in the street street, with the knowledge that it was a stolen.

F. Around 02:00 on January 25, 2013, the Defendant knowingly acquired ten cell phoness, such as “gallonians” from Defendant B, in the vehicle of Defendant B parked in the said Bupyeong Station, and purchased from Defendant B, such as “gallons” to “H” on the Internet site, and purchased from those who have not received name cards.

G. At around 11:00 on January 30, 2013, the Defendant knowingly acquired 13 mobile phones acquired by J through a non-fluoral method in Jeju-do, including 6 Handphones from Jeju-do, and 13 mobile phones, including Handphones from J on the platform of the 150 Kimpo Airport located in Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, 150 Kimpo Airport, 'gal lusium S3, 'gal lusium lost by the victim R', 'gal lusium 2HD lost by the victim S', 'gal lusium 2' lost by the victim T, 'bal lusium lost by the victim', etc.

As a result, the defendant habitually purchased approximately 90 stolen cell phoness and acquired stolens. In addition, the defendant sold 111 smartphones, which are stolen by F upon F's request, to Chinese business operators without name, and arranged for the transfer of stolens.

2. Defendant B

A. From early November 2012 to January 28, 2013, the Defendant conspired with V (from January 17, 2013 to January 28, 2013), from Seoul and Gyeonggi members, 2 mobile phones such as 'gallonce S2' that W was stolen and acquired from the whole building area in Seoul, Gwangjin-gu, Seoul, and Y, 1 mobile phone that W acquired from the Jinyang-gu, Seoul, and 1 mobile phone that W acquired from the Z in an irregular way, 5 mobile phone that AA acquired from the new site in Eunpyeong-gu, Seoul, Seoul, and 5 mobile phone that AB acquired from the 'gallon S2' of the Seo-gu Seoul, Seogu, Daejeon, with the knowledge of the fact that W acquired the mobile phone from 10 G, including the mobile phone name acquired from 7 'gallon S2' and the mobile phone name acquired from AE, and the mobile phone name acquired from 10 G.

B. Around January 17, 2013, the Defendant driven a white AJ-burg vehicle owned by the AI without a car driver’s license from the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government to the front of Gyeyang-1079-1 Gyeyang-gu, Incheon Metropolitan City.

Summary of Evidence

1. Each statement made by the defendant A and B in this Court;

1. Each protocol of suspect examination prepared by the deputy judicial police officer for V, W, Y, AK, Z, Z, Z, AM, AAO, AP, Q, AB, AE, ATR, AS, ATS, 0, AU, AV, AF, AX, AY, AY, Z, and BA;

1. Each statement prepared by BB, BC, BD, BE, and B;

1. Each protocol of seizure (Nos. 10, 17, and 24 of the evidence list), each photograph of seized articles (no. 11,25), each investigation report (no. 14, 26, 27, 32, and 33) and photographs (the same No. 31) including the contents of cell phones conversations, cell phone Kakaotoo conversation, and current status of entry and departure of each individual (the same No. 23, 34);

1. Habituality of judgment: Comprehensiveization of the fact that the same kind of crime has been repeatedly committed and the method of commission of crime, etc. for a short period;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A

Article 5-4(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 363(1), 362(1), and 362(2) of the Criminal Act (excluding habitual acquisition of stolen goods and mediation thereof, and choice of limited imprisonment)

B. Defendant B

1) Habitual acquisition: Article 5-4(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 363(1), 362(1), and 30 of the Criminal Act (generally, choice of limited imprisonment)

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act.

1. Concurrent Crimes (Defendant B): The extent that the punishment is aggregated with the long-term punishment of two crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (the following consideration given to the favorable circumstances described in the reasons for sentencing);

1. Suspension of execution (the defendants): Article 62 (1) of the Criminal Act (The favorable circumstances described in the reasons for sentencing below);

1. Orders to provide community service and attend lectures: Article 62-2 of the Criminal Act;

1. Confiscation (Defendants): Article 48 (1) 1 of the Criminal Act;

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

Reasons for sentencing

The punishment as ordered shall be determined in consideration of the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc. of each accused, which are disadvantageous or favorable to the accused as follows:

1. Defendant A (two years of suspended execution in one year and six months, and one hundred and sixty hours of community service);

A. Unfavorable circumstances: The Defendant again committed the instant crime even though he/she was notified of a summary order of a fine of five million won because he/she was charged with the same kind of stolen property acquisition even around April 3, 2012; and the quantity of the cellular phone used for the instant crime or arranged the transfer thereof exceeds approximately 200.

(b) favorable circumstances: The fact that the defendant was detained for more than three months in this case, and that the defendant's mistake is seriously reflected; that Germany is a young person of 24 years old who was enrolled in the BG university of Chinese injury and was enrolled in the second year; that the defendant's will to complete his study in the future is strong; that the defendant's family has contributed to the arrest of the accomplice by actively cooperating in the investigation process; that the defendant's family members want to take the defendant's preference against the defendant; that the defendant's leading is clear;

2. Defendant B (two years of suspended execution, one hundred and twenty hours of community service, and forty hours of attending a course in one year and six months of imprisonment);

A. Unfavorable circumstances: The volume of the mobile phone acquired by the defendant as stolen reaches 109 times in total; the volume of the mobile phone purchased from some minors to encourage juvenile crimes; the defendant had been punished four times for a violation of the same kind of traffic safety but again led to the non-licensed driving of the case;

B. favorable circumstances: the defendant's mistake is seriously against his own misconduct during the period of detention for more than three months in this case; the defendant's contribution to the arrest of accomplices by actively cooperating in the investigation process; the defendant's contribution to recovery from damage, such as deposit of 3 million won against 5 victims who can verify his identity; while the defendant's family members are leading the defendant, the defendant also has the relation as the male head, and the defendant's last efficacy, rehabilitation, and rehabilitation will for the parents with poor body are strongly avoided. It is so decided as per Disposition.

The assistant judge of the presiding judge;

Judges Lee Jin-hin

Judges No. 54