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(영문) 대구지방법원 서부지원 2016.02.17 2015고정793
장물취득
Text

The defendant shall be innocent.

Reasons

1. On January 22, 2014, the Defendant: (a) purchased stolen goods at a DNA mobile phone agency operated by the Defendant in Daegu-gu, Daegu-gu, from the customer E and F, in awareness of the fact that the market price of the victim G-owned by the Defendant was KRW 980,000,000, which he had stolen from E and F; and (b) acquired stolen goods at a price equivalent to KRW 100,000,000,000,000.

In addition, from around that time to February 24, 2015, the Defendant acquired stolen goods by purchasing KRW 50,000 to KRW 17,180,00,000 from E and F, knowing that it was a portable phone with a total of 17,180,00 won (hereinafter collectively referred to as “instant portable phone”).

2. Each statement is made to E and F investigative agency as important evidence that seems to correspond to the facts charged in the instant case, and the common summary of the statement is that “E and F conspired with each other to steal the telephone carried in a private letter, etc. and dispose of it by the DNA agency for Defendant’s operation in Daegu-gu.”

However, the Defendant, through a consistent verification procedure from the investigative agency to this court, has been consistently engaged in trading of the instant mobile phone, but there was no change in the fact that the Defendant purchased the instant mobile phone from E and F.

In this regard, F was present as a witness in this Court, and F was stolen from the instant portable phone, as in the previous statement, and sold it to the Defendant as stolen.

The Defendant disposed of the instant portable phone at the time of criminal prosecution by destroying the statement within the scope of the statement.

Although the facts were stated, there was no fact that they were sold to the defendant.

It is not necessary to cover the defendant who had not been accused at the time of the investigation with the cover of the crime and transmit the crime.

The testimony was made that there was a false fact.

E also appeared as a witness in this Court, and it was originally presented.

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