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(영문) 대구지방법원 서부지원 2014.10.31 2014고단1305
장물취득
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant purchased smartphones from those B, C, D, E, and taxi engineers, which had been placed in the taxi, and intended to divide the profits by disposing of them to F, G, etc.

On April 16, 2014, between B, C, D, and E, from around 00:30 to around 01:50 on the same day, the Defendant: (a) moved a vehicle to the center of the new bank located in Busan-dong 590-6, which is known as a place where a taxi engineer has lost a large number of smartphones; (b) sent a signal for the purchase of his own smartphones, which passengers have lost, or directly asked for, the fact that the taxi engineer acquired and embezzled it, and then purchased the smartphone from the taxi engineer, with the knowledge of the fact that the owner's smartphone is a stolen owner; (c) 300,000 won of the price of the smartphone owned by the victim; (d) 1.50,000 won of the price of the smartphone owned by the victim; and (e) 1.500,000 won of the price of the smartphone owned by the victim, which is equivalent to the victim's market price of the victim.

Accordingly, the Defendant acquired stolen goods in collusion with B, C, D, and E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against B, C, and D;

1. Each police statement of the E, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Articles 362(1) and 362(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Confessions under Article 62(1) of the Criminal Act, the degree of reflection, and participation in the suspended sentence;

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