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(영문) 서울동부지방법원 2016.05.10 2016고단530
장물알선
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 2015, 2015, the Defendant: (a) stolen from E at the Defendant’s residence located in Namyang-si, Namyang-si, 102 Dong 1103, and received a request from E to sell precious metal, such as three gold stuffs owned by the victim F; (b) received the transfer of stolen metal with the knowledge of the fact that it is a stolen; and (c) received the transfer of stolen metal with the knowledge of the fact that it is a stolen; and (d) provided good offices for the transfer of stolen goods from Jongno-gu, Jongno-gu, Seoul on the same day.

2. On January 2016, the Defendant: (a) received request from a police officer from E to sell precious metals, such as one half-half of the victim G owners who he stolen from E at the same place; (b) sold the stolen goods at KRW 1,500,000,000, in the same manner as above; and (c) mediated the transfer of stolen goods.

3. On February 2016, the Defendant received request from the Defendant to sell precious metal, such as three gold-rums owned by the victim H, two booms, and two brushes, which he/she stolen from E at the same place as above, and arranged the transfer of stolen goods by selling at KRW 1.3 million in the same manner as above on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning the E-examination);

1. Statement protocol made by the prosecution with regard to E;

1. Each investigation report (related to the place of disposal of stolen goods, closed gold investigation, and confirmation of the date of visit on the basis of the suspect's telephone details);

1. Application of the defendant monetary details and the Acts and subordinate statutes regarding the subscriber;

1. Article 362 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of punishment for the punishment;

1. The scope of the final sentence due to the aggravation of multiple concurrent crimes for which no person exists in the basic area (from June to one year and six months) of the first sentence of Article 37, Article 38(1)2, Article 50, and Article 1 to 3 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] of Article 1 of the Act on the Aggravated Punishment of Crimes [the scope of the punishment] of Article 37, Article 38(1)2, Article 50, and Article 50, and Article 1 to 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the punishment] of Article 1 of the Act on the Aggravated Punishment of Specific Crimes (the

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