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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On May 31, 2013, Defendant A was sentenced to one year of imprisonment with prison labor for special larceny at the Busan District Court, and on March 15, 2014, Defendant A terminated the execution of the sentence at the Jinju Prison.
【Criminal Facts】
1. Defendant A
A. On August 3, 2015, at around 05:00, the Defendant: (a) purchased stolen goods at KRW 190,000, even though he/she was aware of the fact that the Defendant was a stolen goods, and received telephone calls from D, seeking to dispose of smartphones, which are stolen goods, from D; and (b) purchased stolen goods at KRW 190,00,000, even though he/she was aware of the fact that it was a stolen goods.
B. On August 2015, at least 03:30 on the first day of Busan, the Defendant sent a mobile phone purchaser who lost his/her cell phone with the mind of having the passengers purchase the lost mobile phone from the taxi engineer in the vicinity of the discharge area of the subway No. 2 located in the city of Busan, Busan, and then acquired the stolen goods by purchasing KRW 140,000 with the knowledge of the fact that the 4th cost of Samsung Galth-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-T-S-S-S-S-S-S-S-S-S-S-S-S
C. At around 04:00 on the same day as described in paragraph 1(b), the Defendant acquired the stolen goods by purchasing KRW 20,000 from the taxi engineer in his name in the same manner with knowledge that the price for one smartphone is a stolen in the same manner.
2. Defendants’ co-principal conduct
A. At around 01:00 on August 6, 2015, the Defendants 1: (a) cut the gap in which the victim E was under influence of alcohol while leaving a mobile phone in front of the entrance of the night-dong 815-22, Nam-gu, Ulsan-gu, Ulsan-dong, by leaving the mobile phone in front of the entrance of the night-dong 815-22; (b) Defendant A reported the network; and (c) Defendant B, the victim’s owner, provided one of the three mobile phones of Samsung G Galtho-gu, Samsung Galthroth (1,000,000,000 won). Accordingly, the Defendants jointly stolen the victim’s property. (b) around 01:00 on August 7, 2015, the Defendants were on the response of the counter at Changwon-si, Changwon-si.