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(영문) 인천지방법원 부천지원 2016.03.18 2014고합207
특정범죄가중처벌등에관한법률위반(장물)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Records] On May 1, 2014, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended sentence for the acquisition of stolen goods at the Seoul Central District Court.

[2] On June 5, 2014, the Defendant: (a) on the front day of Yongsan-gu Seoul Metropolitan Government, the Defendant acquired four cell phone units of the water cell phone, such as Phon 5S, from his name-free taxi drivers in the front day of Yongsan-gu; and (b) from that time until July 7, 2014, the Defendant acquired 271 cell phone units of the stolen cell phone over 15 times in total, such as the list of crimes in the attached Table, even though he/she was aware that he/she was a stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the 29 book of the list of seizure of merchant shipF;

1. Each investigation report and data attached thereto;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (Attachment to latest decisions, etc. on criminal records against the suspect);

1. Habituality of judgment: The defendant and his/her defense counsel's assertion and judgment on the dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated in a planned and organized manner;

1. Summary of the assertion

A. The Defendant merely arranged the transaction between E and F with respect to the cell phone of the stolen cell phone recorded in the facts charged and did not acquire it.

B. The Defendant does not have any habitive walls to acquire stolen goods, and thus is not recognized habitually.

2. Determination

A. In the crime of water acquisition as to whether the act of the defendant constitutes a stolen intermediary, the term "acquisition" means acquiring the right to dispose of the stolen property by acquiring possession by transfer (see Supreme Court Decision 2003Do1366, May 13, 2003). In the crime of water brokerage, the term "alone-line" refers to the act of arranging or promoting convenience between the parties who intend to acquire, transfer, transport, or store stolen property (see Supreme Court Decision 2009Do1203, Apr. 23, 2009). According to the health stand, according to the evidence duly admitted, the defendant cellphones from E.

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