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(영문) 인천지방법원 2016.02.04 2013고단3206 (1)
특정범죄가중처벌등에관한법률위반(장물)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant jointly committed the crimes with D, E, F, G, H, I, J, and K, in collusion with the J and K to receive a single-name “ call” from the owners of the stolen goods in the name of D, E, F, G, H, H, I, I, and the Defendant agreed to purchase the cell phone which was stolen or lost in a large quantity from many and unspecified persons at low prices and export them to China, and the Defendant conspiredd to purchase the stolen goods directly from J and K, which are the total book, in accordance with the Defendant’s instructions to purchase the stolen goods.

On July 25, 2012, the Defendant: (a) purchased five mobile phones from his name in total of KRW 989,300 with knowledge of the fact that he was a stolen from his name in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and acquired them from his name; and (b) purchased at least KRW 92,727,700, a total of KRW 467 cell phoness from November 1, 2012, from that time until November 1, 2012, and acquired them.

2. The Defendant, who committed a joint crime with D, E, F, G, H, I, and J departments, conspireded to continue to commit the crime in such a way as above with the J’s total responsibility, excluding K as set forth in paragraph 1.

Around October 2012, the Defendant purchased total of KRW 1,028 mobile phones from March 2013 to March 2013, including the purchase of KRW 1,028 mobile phones in the Seoul, Incheon, and the acquisition of KRW 19,570,00 with knowledge of the fact that he/she was a stolen in the Seoul, Incheon, and the Republic of Korea, around October 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer against D, E, F, G, H, J, L, I, M, N, orO;

1. Statement made by the police against theO;

1. Application of Acts and subordinate statutes concerning account transactions (post offices), A, and J Kakao Stockholm dialogue content;

1. Article 363 (1) and Article 362 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 of the Criminal Act:

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