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(영문) 서울동부지방법원 2015.07.23 2015고단1132
장물취득
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C As a stolen business operator (one-person, hereinafter “scam”) who purchased smartphones acquired from an unspecified taxi engineer who reported and stopped smartphones on the road, and sold them to China, the Defendant made a direct purchase of the smartphones on the road in order to enable the taxi engineer to purchase the smartphones on the road, and the Defendant conspired with each other to transfer the purchased smartphones to C.

On May 4, 2015, at around 00:30, the Defendant purchased 100,000 won from a gallon juno-3 smartphone in front of the 10 sericultural sports site located in Songpa-gu Seoul Songpa-gu, Songpa-gu, Seoul, with knowledge of the fact that a passenger was a stolen, and then delivered it to C.

The Defendant, together with C, purchased 43 smartphones, which are stolen by the same method over 31 times, as indicated in the attached crime sight table (1) from March 14, 2015 to May 4, 2015.

Accordingly, the Defendant acquired stolen goods jointly with C.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. Each prosecutor's interrogation protocol concerning C;

1. Investigation report (to attach photographs of text messages confirming the purchase price of stolen smartphones), investigation report (to analyze mobile phones in the name ofC), investigation report (to verify the details of transactions with C or D with respect to A mobile phones);

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant Articles 362(1) and 362(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victim to the victim of this case, and the details thereof.

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