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(영문) 부산지방법원 2017.08.02 2017고단3387
장물알선
Text

A defendant shall be punished by imprisonment for four months.

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

At around 14:00 on June 20, 2017, the Defendant requested that the Defendant sell 24 mobile phones in the sum of the 21,200,300,000 won, including the Defendant, of Samsung Talthol Co., Ltd., Ltd., the victim Samsung Talthol Co., Ltd., which was stolen by D, for the Samsung Talthol 7, S7 mobile phones, and of Samsung Talthol 7, S8 mobile phones, 4 mobile phones, LGV 520 mobile phones, 2 mobile phones, 3 mobile phone mobile phone, and 7 mobile phone portable phone, which was stolen by D, and 24 mobile phone.

The Defendant, despite being aware of the fact that the above portable phone was a stolen, agreed to sell 24 mobile phone units to 7.5 million won, by making a phone call to the mobile phone purchaser who was aware of the fact through Internet search at around 20:00 on the same day.

In addition, around 12:00 on June 21, 2017, the Defendant heard from C that the aforementioned mobile phone period is kept in the middle line of the G-Adi vehicle located in Busan E, and the Defendant found it as the above parking lot, with a color door door, which was carrying the phone in the above A-Adi vehicle. On the same day, around 13:00 on the same day, the Defendant tried to sell 24 telephone units to the purchaser of the mobile phone carrying the above name in front of the 32 LAri-ro 13:0 Pari-ro, Busan, Pari-ro 28, Pari-ro, Busan.

Accordingly, the defendant assisted the transfer of stolen goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with H;

1. A police seizure protocol (voluntary submission), and a list of seizure;

1. A report on investigation (a report attached to a suspect interrogation protocol of this offense);

1. Application of Acts and subordinate statutes to a report on investigation (report attached to a protocol concerning the interrogation of a suspect who requests the transfer of stolen property);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Act on the Protection, Observation and Order [the scope of the recommended sentence] of the general chapter No. 1 (the stolens against the general chapter). (4 months to 10 months] of the mitigation area (the special mitigation person] of punishment is not subject to punishment, or significant damage is recovered.

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