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(영문) 인천지방법원 2013.10.18 2013고정3083
장물취득
Text

Defendants are acquitted.

Reasons

1. At around 11:00 on December 11, 2012, the Defendants: (a) knowingly purchased KRW 200,000,00 of the price, knowing that the victim E-owned market value, which was stolen by D from C, was 90,000,000 won (i.e., KRW 20,000,000,000,000,000.

From that time to December 30, 2012, the Defendants purchased 7 mobile phone equipment totaling KRW 6.2 million over seven occasions, such as the list of crimes in the attached Table, from that time to December 30, 2012.

2. According to the records, the Defendants, at the Incheon District Court on August 8, 2013, sentenced each year and six months of the suspended sentence to one year and six months of imprisonment, and the judgment became final and conclusive on August 17, 2013. The summary of the above final and conclusive judgment can be acknowledged that the Defendants purchased and acquired stolen goods habitually over about 50 times from July 2012 to March 2013.

According to the facts found above, it is reasonable to view that the facts constituting the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive, and the facts charged of the larceny of this case committed before the judgment is established, are less likely to be established by the realization of the habitive wall for the acquisition of stolen goods by all the defendants, in view of the criminal facts, the other party to the crime, the means and method of the crime, the contents, and the period of the crime, etc.

Therefore, the effect of the above final and conclusive judgment extends to the facts charged in this case in relation to a single comprehensive crime.

3. In conclusion, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326(1) of the Criminal Procedure Act.

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