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(영문) 서울서부지방법원 2013.10.16 2013고정1077

장물취득

Text

Defendant

A A shall be punished by a fine of KRW 3 million, by a fine of KRW 2 million, and by a fine of KRW 2.5 million, respectively.

Reasons

Punishment of the crime

[Defendant B's criminal records] On February 19, 2013, Defendant B was sentenced to six months of imprisonment for fraud in the Busan District Court's Dong Branch, and the judgment became final and conclusive on July 27, 2013.

【Criminal Facts】

EMW car is a car embezzled without returning it to the company after F was leased from the social company created by BMW Korea.

1. Defendant A, at the office of the Defendant located in Yongsan-gu Seoul Metropolitan Government on September 201, 201, acquired stolens after being transferred to H with knowledge of the fact that the said passenger car was embezzled by F, with the knowledge of the fact that it was a stolen embezzled by F.

2. On September 201, 201, Defendant C acquired stolens by being transferred KRW 23 million to A with knowledge of the fact that the said passenger car is a stolen embezzled by F, at the Gangnam-gu Seoul Metropolitan Government (Seoul), with the knowledge of the fact that the said car was embezzled by F.

3. On September 201, 201, Defendant B acquired stolens by being transferred at C’s office located in Gangnam-gu Seoul Metropolitan Government I with knowledge of the fact that the said car is a stolen embezzled by F, while giving KRW 30 million to C.

Summary of Evidence

1. Defendant B and C’s respective legal statements, Defendant A’s partial legal statements

1. Statement to J police officers;

1. Submission of a complaint, materials to supplement the complaint, and copy of the suspect F opinion;

1. Previous conviction (B): Application of Defendant B’s law of statutory statement;

1. Relevant Article 362(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act