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(영문) 인천지방법원 2017.09.21 2017고단5786
장물운반등
Text

A defendant shall be punished by imprisonment for six 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

B was proposed to transport smartphones lost from E to China during the operation of the company called “D” that is engaged in the smuggling-entry business of duty-free goods, etc., in Jung-gu Incheon Metropolitan City as “D”, while carrying out the same “D” business, and the total Chinese books are E, and the Korean books are to be in charge, and the Defendant conspired to transport smartphones delivered in accordance with E and B’s instructions to China.

1. On December 5, 2015, the Defendant: (a) knew of the fact that he/she was in possession of three cellphones, a stolen, which was kept in custody in D through a public bid with E and B, was a stolen; (b) transported stolens over seven occasions from the above day to January 13, 2016, such as transporting stolens by adding them to E located in Incheon Jung-gu to the Si office for the sake of Chinese san, from around 11:00 on December 5, 2015.

2. On February 16, 2016, according to the public invitation with the above B and E, the Defendant kept 25 smartphones in the market price of each victim F owned by the victim lost in the above D, as shown in the attached crime list 2, such as Nowon Twitb Smartphones, even though he/she knows that it is stolen, the Defendant kept 25 smartphones in the market price of each victim owned by each victim, such as the attached crime list 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, H, I, J, K, L, M, and N;

1. A protocol concerning the examination of suspect ofO or P;

1. Each protocol of seizure and each investigation report;

1. Application of statutes attached to judgment, etc.;

1. Article 362 of the Criminal Act applicable to the facts constituting an offense and Articles 362 (1) and 30 of the Criminal Act that choose a penalty;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 circumstances considered in favor of the reasons for sentencing);

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

1. Article 333(1) of the Victims’ Criminal Litigation Act

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