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Reasons
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(영문) 대구지방법원 2017.03.16 2016고단5999
장물취득
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On May 31, 2016, Defendant A purchased KRW 1630,00,000, including purchasing KRW 30,000, aggregate of 10,000 for LG 3 smartphones (Evidence 6), which are owned by the victim C, a victim of which the name is unknown due to theft or embezzlement of occupied deserts, on the roads in front of Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, the end of which was located in 177. From around the end of May, 2016, the Defendant acquired KRW 1630,00,000 in total, including purchasing KRW 30,00,000 from around the day to May 31, 2016.

2. On May 2016, Defendant B received at the commercial park located in Seo-gu, Daegu, Seo-gu, for sale of smartphone 4, including, but not limited to, the victim who was the victim F of the gallon, the victim who was the victim F of the gallon (No. 1); Defendant B received at the request of the victim for sale of the gallon 5 smartphone (No. 1); Defendant B, the victim of Samsung G, the victim of Samsung G, the victim of Samsung G, the victim of Samsung G, the victim of Samsung G, the victim of the 7 smartphone (No. 4); and A, the victim of Samsung H, the victim of Samsung L, the victim of which was the victim of the gallon, the victim of the smartphone 6 smartphone (No. 7).

On May 30, 2016, the Defendant, despite being aware of the fact that the above smartphone 4 cost was the stolen goods, was to receive KRW 9.50,00 won from A and arrange the transfer of stolen goods by selling four smartphones.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of suspect of the police in K and E;

1. Statement made by the police with H;

1. Each statement in the preparation of I, G, C, L, F, M and D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the identity of the owner of the seized smartphone (the victim), investigation report (the owner's unspecified seized articles), investigation report (the identity of the place where the suspect B acquired four cell phoness from E);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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