장물취득
Acquittal of the accused shall be acquitted.
1. The Defendant, along with the facts charged in the instant case, tried to purchase Samsung Smartphones that D acquired stolen goods from taxi engineers, etc., with C, and the Defendant together with C.
(a) At around 03:00 on December 4, 2014, in front of Gangnam-gu Seoul E-ro, Seoul, the three mobile phones, including Samsunggal 3, in an amount of KRW 155,000, the market value of the victim’s name and non-ballon who acquired stolen goods from a taxi engineer, etc. from D, 250,000;
B. At around 03:00 on December 7, 2014, at the same place, four mobile phones, including Samsung Gallon 3, which is equivalent to 144,000 won in the market value of the same stolen goods at the same place, large 40,000 won;
C. On December 10, 2014, around 03:00, at the same place, four mobile phone units, including Samsung Gallon 3, which are equivalent to 15,000 won at the same market price, were 40,000,000, respectively.
Accordingly, the defendant acquired stolen goods in collusion with C.
2. In light of the records of this case, the following facts can be acknowledged: ① the Defendant was sentenced to eight months of imprisonment with prison labor for habitual water acquisition at the Busan District Court on December 28, 2016, and the judgment became final and conclusive on May 17, 2017; ② The summary of the above final judgment is that the Defendant purchased 183 cellular phones, a total of six times from May 1, 2015 to June 15, 2015, a total of 18.5 million won.
According to the above facts, it is reasonable to view that all of the facts constituting the crime of habitual water acquisition for which the judgment became final and conclusive and the facts charged of the crime of water acquisition of this case committed before the judgment was rendered are low by the realization of the defendant's habitive wall to acquire stolen, in light of the background of the crime, the other party to the crime, the means and method of the crime, the contents, and the period of the crime. Thus, the facts charged of this case and the facts charged of this case are related to the blanket crime of habitual water acquisition.
I would like to say.
Therefore, the effect of the above final judgment extends to the facts charged in this case, which is the relation of a single comprehensive crime.
3. Conclusion, the facts charged in this case are as follows.