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(영문) 대구지방법원 2015.11.27 2015고합403
상습장물취득
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

After purchasing a mobile phone from C and D, which is a mobile phone purchaser of the lost or stolen mobile phone, the Defendant conspired to sell the difference to another purchaser and to acquire profits.

On August 21, 201, at around 03:00, the Defendant purchased KRW 8.250,000, the victims were aware of the fact that the victims were lost or stolen mobile phone prices at the two-class parks located in the two-class districts of Daegu Seo-gu, Seogu, Daegu, and that they were stolen.

From August 21, 2011 to September 20, 2011, the Defendant, in collusion with C, purchased approximately 145 mobile phones of KRW 460,80,000, and habitually acquired stolen goods on nine occasions in total, as shown in the list of crimes in attached Table, from August 21, 201 to September 207:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each police suspect interrogation protocol of C or D;

1. Investigative Report (including attachment of copies of investigation records of the case C), copies of written rulings (Evidence 1,15 Nos. 11,15), investigation reports (including telephone numbers and accompanying documents in which the defendant and the defendant were recorded), investigation reports (including attachment of telephone conversations between the suspect D and the stolen business operator C, and documents attached thereto), investigation reports (including attachment of telephone conversations between the suspect D and the stolen business operator C, and documents attached thereto), investigation reports (including attachment of suspect C and documents attached thereto), and documents attached thereto used when acquiring stolens;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned manner;

1. Grounds for sentencing under Articles 363 (1), 362 (1), and 30 of the Criminal Act applicable to the facts constituting an offense;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The sentencing guidelines are not set with respect to the crime of habitually acquiring stolen goods: Imprisonment with prison labor for one year; the act of purchasing and distributing a lost mobile phone together with the instant crime shall be the act of having persons engaged in the occupation where it is easy to acquire a mobile phone such as a taxi driver, etc. dispose of it without returning it to the owner.

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