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(영문) 대구지방법원 2012.11.08 2012고단5761
장물취득
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated as referred to in Articles 40 through 44.

Reasons

Punishment of the crime

The Defendant knew the fact that he purchased smartphones, which are stolen goods, and got back to work, and acquired stolens from them, and attempted to sell them to the name-free winners (F) in China.

1. On August 20, 2012, the Defendant: (a) purchased 3,420,000 won in total with knowledge of the fact that a total of 10 cost of smartphones, such as gallon 2, gallon 3, gallon 31, gallon 6, and galon 440,000 won, even though he/she was aware of the fact that a total of 10 cost of smartphones, such as gallon gallon ju city, gallon 3,420,00 won, in front of the gallon in Daegu-gu, Daegu-gu.

9. From October to October, it acquired stolens over 15 times from the above D, as described in [Attachment D] Nos. 9 to 23.

2. On August 27, 2012, the Defendant purchased 310,000 won of a “galgno” smartphone on the market price not owned by J from the first basement of Daegu-gu I, Daegu-gu, about August 27, 2012, with knowledge that it is a stolen charge from E, and from August 2012, 201, the Defendant purchased 310,000 won of a price with knowledge that it is a stolen charge.

9. From July to July, as described in [Attachment E] Nos. 1 to 8, he acquired stolens over eight times from the above E.

Accordingly, the defendant purchased 238 smartphones totaling 70,320,000 won in total and acquired stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol on K, L, M, N, E, J,O, P, Q, R, T, U, and V;

1. The list of seized articles;

1. Each protocol of seizure;

1. Each list of seizure;

1. Kakaoo photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act are three times of suspended sentence.

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