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(영문) 서울중앙지방법원 2019.01.14 2016고단6966 (1)

장물취득등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 696] On March 26, 2015, the Defendant was sentenced to two years of suspension of the execution on September 24, 2015, for an offense of violating the Automobile Management Act at the Suwon District Court’s Pyeongtaek Housing Site.

1. On December 27, 2014, at around 23:00, the Defendant acquired stolen goods after purchasing KRW 27 million with knowledge of the fact that an EF vehicle in an amount equivalent to KRW 76 million is stolen at the market price owned by the victim D, which was the victim D, who was stolen by C from B before the exit of Gangnam-gu, Gangnam-gu, Seoul, Seoul.

2. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, at around 23:00 on December 27, 2014, the Defendant acquired EF vehicles from around 27, 200,000 won in front of active duty service 3 in Gangnam-gu Seoul Metropolitan Government, and did not apply to the Mayor/Do Governor for the registration of transfer of ownership of a motor vehicle within 15 days as prescribed by Presidential Decree

Summary of Evidence

1. Part of the defendant's statement in the first trial record;

1. Part of C’s statement of the third protocol of trial;

1. A protocol concerning the examination of suspect B or G by the prosecution;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of each police statement regarding D;

1. Report on occurrence of a theft;

1. Automobile registration certificate;

1. Automobile insurance certificate:

1. A detailed statement of relocation expenses;

1. Certificate of automobile transfer;

1. A specification of transactions;

1. Records of performance and condition inspection of used cars;

1. Contract;

1. A report on investigation (related to discovery of damaged vehicles);

1. Previous convictions in judgment: Application of criminal records, written judgments, and summary information-related statutes;

1. Relevant Article 362(1) of the Criminal Act for the crime (the acquisition of stolen property), Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 12(1) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015), and the choice of imprisonment

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are applied.