2. Whoever knowingly or should have known that it is stolen goods and still buys it constitutes a crime of concealment or concealment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
criminal law
Article 312 Whoever conceals or conceals the proceeds of crime, or knowingly conceals, transfers, purchases or sells them on behalf of others, or conceals or conceals them by other means, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Extended data:
The owner of a waste collection station in Nantong City, Jiangsu Province knew that the cable had been stolen by thieves and bought it at a price far below the market. On August 25th, the Chongchuan District People's Court of Nantong City sentenced the defendant Pei to five months' criminal detention, suspended for six months, and fined RMB 654.38+00000.
The court found through trial that Pei, a 25-year-old from Gushi County, Henan Province, opened a waste collection station in Hongjiang Village, Chongchuan District, Nantong City. On the morning of 20 13, 12 and 14, Huang and Tan (handled separately) ganged up on a construction site to steal cables 155 meters, and then went to Pei to sell stolen goods somewhere. Seeing that it was stolen goods, Pei not only did not refuse, but took this opportunity to lower the price.
After some bargaining, Pei finally bought these cables for 2700 yuan. In the early morning of 20 13 12 18, Huang and Tan found Pei again and sold the stolen 85.5m cable for 3 100 yuan. After that, Pei resold the purchased cable to others and made a profit 1500 yuan. According to the appraisal, the market value of these cables is about 16000 yuan.
The court held that the defendant Pei knowingly bought the property obtained by others' crimes, and his behavior constituted a cover-up and concealment of the crime. In view of the fact that Pei can truthfully confess his criminal facts and actively withdraw from the illegal income after returning to the case, he can be given a lighter punishment according to law, so he made the above judgment.
"In this case, the defendant Pei bought stolen goods at a low price and then sold them at a high price to obtain the difference, which hindered the judicial activities of the judicial organs to identify crimes and recover the proceeds and benefits of crimes, in line with the provisions of Article 312 of the Criminal Law. It stipulates the constituent elements of concealing and concealing crimes. " Feng Weiguo, the presiding judge of the case, said.
People's Daily Online-The owner of the purchasing station who covets cheap recycling of stolen goods and waste products was sentenced.