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(영문) 대구지방법원 2015.09.10 2015고단2848
장물취득
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants purchased a “F” office operated by Defendant A in Daegu-gu, and Defendant A purchased smartphones, etc. that cannot be opened to the Republic of Korea due to theft, loss, etc., and Defendant B intended to dispose of the purchased smartphones, etc. to other stolen business operators.

On November 15, 2010, from around 07:00 to around 18:00 on the same day, the Defendants posted the phrase “I purchase overseas, opening and opening, and high-speed smartphones” at the Internet site in the “F office,” and acquired stolen goods by purchasing KRW 180,000 with knowledge of the fact that “I purchase of overseas use, opening and opening, and high-speed smartphones,” from G who reported and contacted the above writing, which is the victim of theft-friendly name, the market price of which is the victim of larceny, he/she owns.

From that time until February 26, 2011, the Defendant acquired the stolen by purchasing a total of 36 smartphones, etc. in total of 9,268,000 won by the same method, such as the list of crimes in attached Form 33 times.

Accordingly, the Defendants conspired to acquire stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each police interrogation protocol against H, I, J, K, M, M, N, P, Q, R, M, U,V, G,W, X, Y, Z, AA, AC, AD, AE, AE, AF, AH, and AI;

1. Application of the Acts and subordinate statutes to the details of transactions A and B Unmanned and copies of passbook transactions;

1. Articles 362(1) and 362(1) and 30 of the Criminal Act and the choice of punishment for the Defendants

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of community service order: The instant crime on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is the case where the Defendants acquired a cell phone, which is a stolen article, over 30 times, and the said crime is promoting another person to commit the crime of larceny and embezzlement of stolen objects.

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