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(영문) 서울중앙지방법원 2012.10.25 2011고단5792
장물취득등
Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for eight months, for Defendant D, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. A. Around August 9, 2007, the Defendant sold stolen goods at KRW 360,000,000, to B with knowledge that the Defendant’s house at the Defendant’s house located in the south of the Gyeonggi-do was stolen.

B. In around 2009, the Defendant acquired stolen goods after having knowledge that the said car sold to B, as described in the foregoing paragraph (a) was stolen, from “P” located in Seocho-gu Seoul, Seoul Seocho-gu, with the knowledge that it was stolen.

2. Defendant C Q 1-B

On August 7, 2009, upon receipt of a request from A who again acquired the said car, the said car was sold and requested the Defendant to sell the said car.

On August 14, 2009, the Defendant: (a) requested R to sell the said car; and (b) requested D to purchase the said car at KRW 325,000,000 from the first basement SO located in Seocho-gu Seoul Metropolitan Government Organization at around August 14, 2009.

Accordingly, the defendant assisted the transfer and acquisition of stolen goods.

3. On August 14, 2009, Defendant D purchased stolen at KRW 325,00,000 with knowledge of the fact that the said passenger car was a stolen at the first basement S Admission Zone of the above “P” and acquired stolens.

Summary of Evidence

1. Defendant C’s legal statement

1. T legal statement of the witness;

1. The description of witness C and R in the fifth trial records;

1. The first, third, and fourth police interrogation protocol of the defendant A;

1. The third police officer's interrogation protocol of the police officer's interrogation of D, C, and R (two times) containing each statement of C and R, and the third police officer's interrogation protocol of R;

1. Examination protocol of the police suspect of Q Q;

1. The police statement of the defendant A;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to the Young-gu Shot (dedicated team for stolen Vehicles) and translation attached thereto);

1. Relevant Article 362 of the Criminal Act and subparagraph A of the option of criminal punishment: each of the Criminal Act.

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