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(영문) 대구지방법원 김천지원 2014.02.19 2013고단1162
장물취득등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On September 28, 2012, the Defendant was sentenced to one year of imprisonment for the crime of acquiring stolen goods at the Busan District Court on February 20, 2013, and completed the execution of the above sentence in the racing prison on February 20, 2013.

【Criminal Facts】

The Defendant is a person who serves as a single 's name' in which taxi passengers lose or stolen smartphones from taxi engineers, and C plays a role in purchasing smartphones, which are stolen, from those who play the said lick or play a lick role.

On May 11, 2013, the Defendant purchased 200,000 won in total from the entrance of telecommunications alley-dong, Daegu, Daegu, at the end of 19:00, a total sum of 55 smartphones in total amount of KRW 6,530,00,00 in total, from around that time to August 21, 2013, despite being aware of the fact that gallon 2 smartphones are stolen in the market value of KRW 800,000,000, which is the victim’s possession where his stolen name cannot be known. The Defendant purchased 55 smartphones, a total of KRW 44,00,000 in total, from around that time to August 21, 2013, as described in the attached Table (1) in the attached Form (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, D, F, and C;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol regarding E;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records, investigation reports;

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for conviction under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The Defendant and his defense counsel’s assertion had purchased smartphones from D, such as the number Nos. 1 to 3 as indicated in the attached Table Nos. 1 to 3, but did not have known that they were stolen, and they did not have acquired smartphones at all as set forth in Nos. 4 to 11. The investigative agency shall make intimidation.

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