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(영문) 서울중앙지방법원 2011.12.23 2010고단7165

장물취득

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 13, 2009, the Defendant: (a) was aware of the fact that the bearer deposit certificate was stolen by the Defendant’s mother C, which was stolen from the Victim D, the Defendant’s mother’s birth; (b) the date of issuance; (c) August 14, 2008, “F”; (d) August 14, 2009, “11,624,038 won” and “111,038 won,” and (d) the bearer deposit certificate as of August 19, 2009, the Defendant acquired the above bearer deposit certificate from the Seoul Central District Court, “D”; (c) the obligor C; and (d) the garnishee’s new bank (hereinafter “new bank”); and (d) the Defendant acquired the above bearer deposit certificate from the Seoul Central District Court, which was issued with the order of temporary suspension of payment, to the new bearer bank; and (d) the Defendant was unable to present the above bearer deposit certificate to the new bearer deposit certificate from the above Seoul District Court.

In addition, from around that time to December 1, 2009, the Defendant acquired each of the stolen items by offering each payment to the officials in charge of the above new bank slick Capital Points and Han Bank Co., Ltd. (hereinafter “I Bank”) located in 7-26, Songpa-dong, Songpa-gu, Seoul (hereinafter “I Bank”), with the knowledge of the fact that the total amount of KRW 2,959,105,798 in the bearer deposit certificate 26 of the victim’s bearer deposit in the same manner as indicated in the attached list of crimes, as indicated in the attached list of crimes.

[To the extent that identity of the facts charged is recognized, the gist of the evidence was appropriately revised]

1. Each legal statement of witness D, G and H;

1. Defendant G, I, H, and J.