Text
Defendants shall be punished by imprisonment for ten months.
Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On February 27, 2015, the Defendants were sentenced to a suspended sentence of three years for each year of imprisonment with prison labor for the commission of stolen acquisition in the official branch of the Daejeon District Court on February 27, 2015, and the same year
3.7 The above judgment became final and conclusive.
【Criminal Facts】
Defendant
A is a person who is engaged in the sales business of high mobile phone devices against mobile phone sales stores in the Chungcheongnam-gu, Chungcheongnam-do, and Defendant B is a person who engages in the sales business of mobile phone devices with the trade name of “E” in the second floor 213 of the D Building of the members of Ansan-si, Ansan-si.
1. On November 9, 2012, Defendant A purchased KRW 99,900 of the market price of H’s 99,900 from “H’s mobile phone sales store operated by G”, which was obtained by G, with the knowledge of the fact that it was stolen by G, and acquired stolen goods at approximately 50% of the market price. From that time until September 23, 2014, Defendant A purchased KRW 271 of the mobile phone sales store located in G and Chungcheongnam-Nam, from K, to September 23, 2014, with the knowledge of the fact that it was stolen.
2. Around November 9, 2012, Defendant B purchased 271 cell phone period from the above “E” office with knowledge of the fact that he purchased R3 cell phone period from Defendant A as a stolen and stolen goods. From around that time to September 23, 2014, Defendant B purchased 271 cell phone period from Defendant A, such as in the list of crimes in attached Form A, with knowledge that he/she is a stolen goods.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police suspect interrogation protocol of L or G;
1. The police statement of K;
1. A criminal investigation report (a copy of the judgment of the first instance court rendered by a stolen provider shall be attached);
1. Previous records of judgment: Application of each criminal history record, investigation report (Attachment to a copy of final judgment on the suspect's crime of acquisition of stolen goods) or other Acts and subordinate statutes;
1. Defendants of the pertinent legal provisions concerning criminal facts: Article 362(1) of the Criminal Act (Appointment of Imprisonment).