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(영문) 서울서부지방법원 2013.05.30 2013고단869
특정범죄가중처벌등에관한법률위반(장물)
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A defendant shall be punished by imprisonment for not less than one year and six months.

No. 2, No. 4, No. 9, No. 13, No. 17, 18, of seized evidence.

Reasons

Punishment of the crime

The defendant knew that passengers have a mobile phone that he left in the taxi and purchased it at low prices, and sentenced them to sell the lost mobile phone at high prices to D, etc. who sell the mobile phone to the smuggling exporter.

around 19:00 on August 10, 2012, the Defendant: (a) obtained a call from H, an illegal user, who had been holding a 3 smartphone set up by G in front of Yongsan-gu Seoul, to sell the said Handphone; (b) purchased KRW 50,000 from March 2012 to August 15, 2012, 73 mobile phones from the non-name-based taxi driver, etc., as described in the attached list of crimes, to the extent of KRW 5-200,00 per unit, depending on the type, as described in the attached list of crimes.

Accordingly, the defendant habitually acquired stolen goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on I, J, K, L, M, N,O, P, Q, and R;

1. Each written statement of S, T, U, V, W, X, Y, Z, AB, AD, G, AE, AF, AG, AH, AI, AJ, Am, Am, ASEAN, AM, AP, AP, AP, Q, AS, and AT;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 5-4 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 363 and 362 of the Criminal Act concerning the crime;

1. Discretionary mitigation (the following grounds for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 33(1) of the Return Criminal Procedure Act provides that the statutory penalty for the crime with the reason of sentencing is imprisonment with prison labor for life or for not less than three years.

Furthermore, considering that the victim's 70 persons and the total amount of damage is up to 60 million won, the defendant is sentenced to imprisonment for a year and 6 months in the case related to D, which once again sells the cell phone site, the defendant is sentenced to imprisonment for a year and 6 months (Seoul Central District Court 2012Da2489, 5117 (Joint) and the court 2012No4084).

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