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(영문) 서울중앙지방법원 2016.08.26 2016노1553
장물취득등
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The first deliberation punishment (a year and six months of imprisonment, confiscation) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment of the defendant has been punished several times due to the same crime, the period of the defendant's operation of unregistered loan business has reached about one year and six months, and the fees that the defendant acquired therefrom are higher than KRW 17,00,000,00,000, and the five vehicles are recognized as stolen goods with leased vehicles while acquiring or keeping them. If the repayment is not made within the lending period, it is difficult for the owner to find out the location of the vehicle by selling the 14 vehicles offered as security to the large vehicle owner and making it difficult for the owner to find out the location of the vehicle. Furthermore, the crime is not good, such as the defendant's operation of unregistered car rental business by using the vehicle kept as security.

However, with respect to the leased vehicle that the defendant acquired or stored in stolen property, it was returned to the lessee company or the lessee, or agreed with the lessee to sell and purchase the unregistered motor vehicle, part of the motor vehicle was recovered, the defendant agreed to or deposited with the owners at the appellate trial, and the defendant committed a violation of the loan business law with a considerable number of the debtors at the appellate trial (the portion equivalent to approximately KRW 56 million out of the total illegal handling fees of KRW 170,000), as well as the fact that the defendant divided and against the defendant in depth of the crime of this case, it seems that the first deliberation type is unfair because it is too unreasonable, considering various circumstances such as the defendant's age, sex, conduct, intelligence and environment, motive and means of the crime, and the result, the circumstances after the crime.

Therefore, we accept the defendant's unfair argument in sentencing.

3. In conclusion, the Defendant’s appeal is reasonable, and thus, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is subject to pleading.

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