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(영문) 수원지방법원 안양지원 2018.02.21 2017고단1850
장물취득
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

After purchasing smartphones, which are stolen goods, from stolen business operators, the Defendant is a master of a commercial person who disposes of stolen goods to take out the goods overseas.

1. From around 12:00 on August 19, 2017 to around 13:00 on the same day, the Defendant purchased stolen goods by purchasing a total of KRW 470,000,000 from the victim’s G-owned market price equivalent to KRW 1,000,000 of the market price of the victim’s G purchased from the stolen offender F, the principal agent of the river in Suwon-gu film zone in Suwon-gu, Suwon-gu, Suwon-gu, the Defendant acquired stolen goods by purchasing a total of KRW 1,00,000,000 from around 12:0 to 13:00 on the same day.

2. On October 8, 2017, the Defendant: (a) purchased 24 smartphones in total in KRW 5,400,000,00,000, in knowledge of the fact that the smartphones in total are each stolen goods, and acquired stolen goods from J, the water manager, at the front of the point of the 3thmal road of the Domn-217, on the roads of the Donnam-gu Seoul Special Metropolitan City, the Seoul Special Metropolitan City Embrog, the Seoul Special Metropolitan City Embrog, the market value of which is equivalent to KRW 1,50,000,000, 1150,000.

3. Around 23:30 on the same day as the above 2nd paragraph, the Defendant acquired stolen goods by purchasing a total of nine smartphones in total in KRW 1.4 million with knowledge of the fact that each stolen is each stolen, such as a gallon 81 unit in attached Form No. 1,200,000 in the market price owned by the injured N, from M, the water manager, at around 23:30 on the front side of the Suwon-si L, which is the water manager.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F,O, P, Q, R, S, T, N, U, V,K, X,Y, Z, AA, AB, AC, AD, and AE;

1. AF, AG, AH, AI, AJ, AK, and AL;

1. Investigation report (investigation related to seized articles);

1. Application of relevant statutes to each protocol of seizure and list of seized articles, and photographs thereof;

1. Relevant provisions of the Criminal Act and Article 362 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Confiscation Article 48 of the Criminal Act.

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