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(영문) 대구지방법원 김천지원 2013.10.01 2013고단1130
장물취득
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

B The taxi passengers purchase smartphones, which are stolen goods, from business operators who act as a single-name "written" to purchase smartphones lost or stolen in the taxi, and the defendant A purchases smartphones, which are stolen goods, from B, and exports them to China.

1. On May 15, 2013, Defendant B purchased KRW 30,000 from a taxi engineer with no knowledge of his/her name on the front side of the Eractic area in Daegu-gu from May 15, 2013, even though he/she knows that his/her name was a stolen price of KRW 800,000, in the market price of the victim’s possession, and thereafter, Defendant B purchased KRW 30,000 from that time.

8. From 03:00 to 03:00, by purchasing 90 smartphones, which are the stolen goods equivalent to a total of 72,00,000 won in total, as shown in Appendix II, from 20 times in the above manner, each of them acquired 11,460,000 won in total.

2. On June 13, 2013, Defendant A purchased KRW 3,000,00,000 from that time with knowledge of the fact that it was about 20 prices of smartphones, the market price of which is 16,000,000 won, which is the market price of the victims who are not able to know their names in front of the F apartment Ma-gu, Daegu-gu, Daegu-gu, Seoul-gu, and that it was about 19:0,000,000, from that of that time, the Defendant

8. From 20:00 to 20:00, by purchasing a total of 342,400,000 won of smartphone 428 won in total, as described in Appendix III, from 29 times in the foregoing manner, each of them acquired stolen goods by purchasing a total of 54,270,000 won in total.

Summary of Evidence

1. Defendants and H’ respective legal statements

1. A copy of each protocol of examination of suspect to the prosecution against I and J;

1. Records of seizure of each police station, each list of seizure, photographs of each seizure site, and photographs of the seized smartphones;

1. Application of the Acts and subordinate statutes governing the calendar records;

1. Relevant Article 362(1) of the Criminal Act and the choice of imprisonment for a crime

1. Aggravation of concurrent crimes (the defendants)

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