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(영문) 서울중앙지방법원 2016.06.09 2016고단1832
상습장물취득
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant purchased a cell phone, which is a stolen from “one-time,” etc., which is a thief that commits a larceny under the thief Act, and sold it to a stolen goods business operator C, etc. from a Chinese shipbuilding yard, and had him/her bear the difference and had him/her punished money.

Accordingly, the Defendant came to know of “one-one-one”, “one-one-one-one-one-one,” as the introduction of “D,” and the Defendant came to know of “one-one-one” as the introduction of the above E, and other “one-one” methods. Based on this, the Defendant got to conduct mobile phone sales business, which is a stolen object.

The Defendant: (a) from around 03:00 to around 04:00 on March 14, 2015 to around 04:00, the Defendant acquired stolen goods by habitually acquiring stolen goods of KRW 2,470,000,00 in total of the 25 mobile phones market price of KRW 1,00,000,000,000 from the front line of “H” located in Seocho-gu Seoul Metropolitan Government, by means of a gallony ju, owned by the victim I; (b) while being aware of the fact that the gallon-owned market price of KRW 1,00,000,000,000,000,000,000 won is for stolen goods, as described in the list of crimes, from the time to March 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspect by the police against E (1) through (4), F, K, L, M, N, and C;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the fact that the same kind of crimes are repeated several times in a short term;

1. The reason for sentencing under Articles 363(1) and 362(1) (including habitually acquiring stolen goods) of the Criminal Act regarding criminal facts is that the period during which the defendant habitually committed the crime of acquiring stolen goods is one year; the number of mobile phones acquired is 25; and the market price of the damaged stolen goods is 24.7 million won, which is a total of 24.7 million won.

Nevertheless, damage has not been restored until now.

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