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(영문) 인천지방법원 2020.01.22 2019고단8671
장물취득
Text

[Defendant A] The defendant A shall be punished by imprisonment for one year.

However, with respect to the defendant A, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal-offenders conspired to sell home appliances, which are stolen goods, in a large quantity, through the Internet with profits attached thereto, and to divide profits therefrom.

On November 30, 2018, the Defendants conspired with the Defendants to acquire the E Water Quality(F) 1, G Water Quality 1, G Water Quality 1, H Emp and Emp and ice conditioning (I), 1, H ML 2, 1, and 1 price of K ML 2, 1,070 won in total, as indicated below, from around September 24, 2019, from D, with the knowledge that the price of KM 1 is the stolen goods, and without the intention or ability to pay the rental fees, and without the intention or ability to dispose of the household goods immediately after obtaining a siren from the siren, the Defendants acquired the household goods at a price much less than the market price, and at least 970,000 won in total, from around that time, from around September 24, 2019.

2. A around November 15, 2019, Defendant A purchased stolen goods at KRW 880,00,00,000, after being aware of the fact that it is a stolen goods, the Defendant acquired stolen goods at KRW 1,00,000,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each police interrogation protocol concerning D;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 362(1) and 30 of the Criminal Act (the acquisition of stolen articles, the crime of paragraph (2) of the judgment of Defendant A is excluded from Article 30 of the Criminal Act and the choice of imprisonment)

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

1. Defendants on probation: Reasons for sentencing under Article 62 (1) of the Criminal Act

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to general property.

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