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(영문) 부산지방법원 2018.05.03 2018고단466
장물취득
Text

Defendant

A shall be punished by imprisonment for eight months, and imprisonment for one year and two months, respectively.

Reasons

Punishment of the crime

Defendant

A has purchased smartphones stolen by F, etc. and disposed of them to G, and Defendant B is a person who purchased the same stolen water from G with the knowledge that the smartphones acquired by F, etc. are stolen.

1. On November 29, 2017, Defendant A knowingly acquired the total amount of KRW 6810,000,000,000 from the 9th floor emergency stairs of H in Seoul, Jung-gu, Seoul, with knowledge of the fact that the victim I’s market price of KRW 600,000,000, which he stolen from F, was KRW 120,000,000,000 from the 7 smartphones, which he stolen, was a stolen and lost object, from the time on five occasions until January 21, 2018.

2. On November 1, 2017, the Defendant knowingly acquired KRW 100,00,000,00,000 from G in total from January 201, 2018, a total of 20 smartphones that were stolen or lost, including the purchase of KRW 1,595,00,00 from G with knowledge of the fact that the market value of the victim’s 50,000,00 won was stolen or lost, from G, in the vicinity of G’s house located in Dobong-gu Seoul Metropolitan Government, for a total of six times until January 20, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Copy of each protocol concerning the examination of the police officers in F, L, or G;

1. A report on loss and a written M;

1. Written statements of damage from N,O, P, Q, R, S, T, U,V, W, X, andY;

1. Each statement of the K, Z, AA, AB, AC, AD, and I;

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

1. Article 362 (1) of the Criminal Act (Punishment of imprisonment) and Article 362 of the same Act concerning the applicable law and the selection of punishment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code [the scope of punishment recommended] 1 of the Criminal Code / [the scope of punishment] 1 of the general chapter / [the scope of punishment] 1 of the basic area (from June to one year and six months) / [the person who is subject to special sentencing] 2 of the Criminal Code / [the scope of recommendation].

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