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(영문) 인천지방법원 2018.10.11 2018고단1087

장물취득등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2017, the Defendant purchased used cars, which are goods distributed in Korea, and had a mind to export them abroad.

1. On June 5, 2017, the Defendant acquired stolens by purchasing food BM 520D (C and chassis number D) from USD 9,500,000, the market price of KRW 35 million, which is the ownership of the victim-based Dispute Settlement BankB, from the 40 male name in the non-existent place around 21:00,000, even though he/she knew that it is a stolen property, the Defendant acquired stolens from USD 9,500.

2. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the Mayor/Do Governor within fifteen days from the date of purchase;

Nevertheless, on June 5, 2017, the Defendant purchased a motor vehicle described in paragraph 1 from a person who was not injured by the name of 40 men at a non-existent place around 21:00 on June 5, 2017, but did not file an application for the transfer registration of ownership without justifiable grounds until June 20, 2017.

Summary of Evidence

1. The defendant's legal statement (Provided, That the facts of paragraph (1) in the holding shall be the date of the fourth public trial);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to photographs, such as a vehicle lease contract, vehicle photograph, telephone number, and multiple screen pictures;

1. Relevant legal provisions of the Criminal Act, Article 362 (1) of the Criminal Act, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act, the choice of imprisonment with prison labor, or a heavier punishment;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is 【Selection of Imprisonment’s Punishment】 The administrative disposition of entry or departure control, which differs from the State’s penal purpose, or the prior disposition, which sees special reasons, not only impair the equity of the nationals punished for the same crime, but also discords with the general preventive effect of the punishment or the legal sentiment of the general public, so it is desirable to refrain as much as possible, unless special circumstances for specific justice exist.

The actual prize shall be.