1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

On September 12, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for the acquisition of stolen goods, and the said judgment became final and conclusive on December 8, 2012.

The Defendant, through B, C, etc., a taxi article or a subcontractor, purchased a taxi passenger or a stolen high-priced smartphone, and sold it to the specialized purchaser, and sold it to others.

Therefore, the Defendant, at around 02:00 on January 8, 2012, purchased 19,30 won in the middle-gu Daegu-gu D, Daegu-gu, where the personal information of B is unknown, and acquired each of them by purchasing 29 smartphones from around March 2, 2012, including by being aware of the fact that it is a stolen part of Samsung Ggal juS smartphone, the market price of which is equivalent to KRW 9,300,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol concerning B and C;

1. Previous record: Application of a copy of judgment;

1. Relevant Article of the Criminal Act, Article 362(1) of the Criminal Act, the selection of a fine for the crime (a favorable circumstance required for sentencing below);

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

5. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include that each of the instant offenses could have been adjudicated together with the crime of initial head of the crime for which the judgment became final and conclusive. In addition, comprehensively taking account of various circumstances, such as the motive, means and consequence of the instant crime, the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, etc., the sentence as ordered shall be determined.