상습장물취득
The prosecution of this case is dismissed.
1. On January 2015, the Defendant: (a) purchased, during the foregoing period, a wholesale market published by G at F upon F’s request, for a total of four times in the same manner, a total of KRW 1.9 million, including that the wholesale market loaded at F’s request was purchased from 3,500 to 1.9,000 won, which is the half-value of wholesale price of wholesale price; and (b) in fact, F, an employee of E, who is an employee of E, operated by D, etc., purchases land bags, etc., in the same manner, at a price equivalent to the half-value of the normal wholesale price, for a total of four times, including that the wholesale market was purchased from 3,500 to 1.9 million won.
Accordingly, the defendant acquired stolens over four times.
2. In the first instance, the public prosecutor indicted the Defendant on the charge of habitual funeral acquisition of the facts charged that “The Defendant, while knowing that the wholesale market, which was a stolen, purchased at least KRW 45 million, in a total amount of KRW 1-2 times per month from F from March 2015 to September 2015, at least 30-40 times per month, he/she purchased the stolen, etc. at a total of KRW 90,000,000, in a total of KRW 90,000,000, in a total of KRW 45,000,000,” and then modified the indictment to the effect that the facts charged were concurrent crimes as described in paragraph (1) on January 29, 2019.
Article 254(4) of the Criminal Procedure Act provides, “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime.” The purpose of Article 254(4) of the Criminal Procedure Act is to ensure the efficiency and speed of a trial by limiting the object of a trial, and at the same time to facilitate the exercise of defense rights by specifying the scope of defense and facilitate the exercise of defense rights of the defendant. As such, the prosecutor, as a prosecutor, shall state specific facts that constitute the elements of a crime, so
(See Supreme Court Decision 2005Do7465 delivered on December 9, 2005, etc.). According to these legal principles, the Defendant’s defense right is stated in the facts charged of this case.