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(영문) 대구지방법원 2013.12.12 2013고단6201
특정범죄가중처벌등에관한법률위반(장물)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2012, the Defendant was sentenced to a fine of KRW 1 million on January 14, 2013 by the Incheon District Court for the charge of the acquisition of stolen property.

【Criminal Facts】

Since August 2012, when the Defendant was requested to purchase or sell a mobile phone illegally acquired from D while operating a C for the purchase or sale of a mobile phone from around August 2012, the Defendant had been able to purchase or sell a mobile phone with the aforementioned D, and had the components of the mobile phone furnished from the said D properly equipped with the profits higher than the general and high-speed mobile phone.

On December 20, 2012, the Defendant purchased 3,340,000 won in total from around 116,390,000 won from around 17:00 to September 2, 2013, with knowledge of the fact that the market price of the Plaintiff, which he stolen from D, is an unballonized price of 8 mobile phones, including 2 mobile phones in the market price of SKT Telecom, the victim corporation, which he stolen from D, and purchased 320 won in total from around 116,390,00 won as shown in the list of crimes.

Accordingly, the defendant habitually acquired stolen goods from D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to D or G;

1. Each police statement made to H and I (a copy);

1. Current status of the commercial theft terminal;

1. Each investigation report (the attachment of the details of the accounts of the Korean bank, the confirmation of the remittance details of the suspect D heads of passbooks, the documents deposited by J and A to D by the stolen business operator J and A, the details of remittance received by the suspect G to the stolen business operator, the evidence of destruction of evidence between the suspect D, G, and stolen business operator A);

1. Details of transactions;

1. Previous records: Inquiry reports, investigation reports (reports on confirmation of the same records as suspects), written decisions on non-prosecutions, etc.;

1. Habituality of the judgment: dampness-accredited statutes in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are systematically repeated.

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