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(영문) 대전지방법원 2015.08.19 2015고단1686

장물취득

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant: (a) around August 2012, 2012, '88 Mos in the Daejeon U.S. Uniform-dong 189-3, the second class market value of the DMW 328,080 won, which is equivalent to DMW 328, 139,080 won, owned by Arith Capital from C in the middle class market of the Daejeon U.S., the vehicle lease contractor is not E; (b) the vehicle is not a car owner in the vehicle registration certificate; and (c) the vehicle cannot be transferred or provided as security without the consent of the Arith Co., Ltd.; and (d) the above vehicle is a vehicle embezzled and distributed by B while being aware that it is stolen, and acquired the stolen vehicle by taking it into consideration by paying KRW 7 million in cash with the knowledge that it is stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a warden, motor vehicle register, lease contract, details of receipt of principal and interest of each time discrimination, certificate of vehicle transfer, statement of settlement of accounts for the lease of Arith Capital (Operational Lease), each investigation report (the counter telephone investigation of Arith Capital, F telephone investigation, G company telephone investigation, suspect telephone investigation, suspect telephone investigation), telephone statement, statement of call, investigation report (verification of suspicion of acquisition of stolen property and attachment of similar cases);

1. Relevant Article 362 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;