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(영문) 대구지방법원 2013.03.22 2012고단5621 (1)
특정범죄가중처벌등에관한법률위반(장물)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 26, 2012, the Defendant was sentenced to imprisonment with prison labor for six months for the crime of acquiring stolen goods at the Daegu District Court, and the said judgment became final and conclusive on May 4, 2012.

The Defendant and C, D, and E spreaded the front door of “the highest price of the heavy mobile phone” at the Busan Central District of Busan, and conspired to acquire smartphones, which are the stolen goods, using L-XG car and the Grand Cross on the number of numbers, with the intent of dividing profits from the purchase of smartphones by 1/4 by 1/4. The Defendant and C, D, and E paid KRW 50,000 per day to 5 passengers, such as G, H, I, J, and K, and then to divide profits from the sale of the smartphones to F.

At around 22:10 on October 1, 201, the Defendant, in collusion with C, D, E, etc., driven Who XGG car and Grandland, and acquired approximately 620 cell phoness, which are four hundred and twenty objects of smartphones, as shown in the attached Table of crime, from around around 22:10 to January 5, 201, in order to proceed in the middle-gu in Busan, Busan, the Busan, the Busan, the Busan, the Gyeongsan University located in the Seocheon-dong, the Seocheon-dong, Busan, and the Taecheon-ro, etc. located in Seocheon-dong, Busan, the Defendant got J in the front of Busan, and J, even after being aware of the fact that it acquired ten copies of smartphones, such as Samsung G GJS, which are owned by the victims, from around 62 times to January 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect of the prosecution against F, C, G, H, and I;

1. Each police interrogation protocol of the police against J, E, C, A, and K (Duplicates);

1. Statement made to D by the police;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment and investigation reports);

1. Article 5-4 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 363 and 30 of the Criminal Act, comprehensively including the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;

1. Statutory mitigation is stipulated in Article 39 of the Criminal Act;

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