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(영문) 대구지방법원 2017.01.13 2016고단6110
장물취득
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

1. Defendant A purchased a cell phone which is a stolen and sold at a higher price. On April 6, 2016, Defendant A acquired three mobile phones of KRW 8,220,000,00 in total, including purchasing three cell phoness and three mobile phones on the market price and the type and type of mobile phones acquired by E from around 320,00,00 won in cash, from around 18 times to May 10, 2016, such as the list of crimes in the attached list of crimes (No. 12 and No. 16 in collusion with Defendant B, each year) by purchasing a cell phone of KRW 3,20,00 in the lowest amount of KRW 5,00 per unit with knowledge that the victims lost or stolen 45 mobile phones, while acquiring a cell phone of KRW 8,020,00 in total, from around 5,00 per unit to the highest amount of KRW 320,00.

2. Defendant B, in collusion with Defendant A on May 6, 2016, the Defendant knowingly purchased the market price and one cellular phone on the front side of the 554 major railway station prior to the Busan Jin-gu, Busan at around 03:00, with the knowledge that it is a stolen, and acquired stolen goods at around 03:00 on May 8, 2016 at the same place, such as purchasing one cell phone in the same manner, with the knowledge of the fact that it is a stolen stolen goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements and requests for return by each victim;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 362(1) of the relevant Criminal Act as to the facts constituting an offense (Article 30 of the Criminal Act is added to each of the crimes under Articles 362(1) of the said Act (Article 30 of the Criminal Act)

1. Selection of punishment (the Defendants)

1. The grounds for the sentencing of Article 62(1) of the Criminal Act (the Defendants) (the scope of the recommended sentence) [the scope of the Defendants] and the basic area (six months to one year and six months) of the first type (the stolens against the general stolen goods] under Article 62(1) of the Criminal Act (the judgment of sentencing] (the Defendants are all subject to juvenile protective disposition several times for a variety of crimes, and Defendant B is subject to the punishment of a fine for fraud.

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