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(영문) 수원지방법원 안양지원 2015.08.20 2015고단48
장물양도
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

On June 26, 2009, the Dong E of A was sentenced to imprisonment with prison labor for two years and six months on the grounds of fraud, including the fact that “The Dong E of the Seoul Central District Court” owned by the victim F and acquired the ownership by means of the transfer of ownership around April 20, 2007 in the name of the Defendant around the same time as “3,253 square meters in Jeonbuk-gu, Jeonbuk-gu, Seoul Special Metropolitan City, and H 4,301 square meters in the same city (hereinafter referred to as “two parcels”).

1. Defendant A, as the nominal owner of the instant real estate, transferred the ownership of the instant real estate to Defendant B by completing a principal registration based on a provisional registration under the name of B with knowledge of the fact that the instant real estate was a stolen object, in machines, such as the Jeonju District Court, Jung-dong, Susung-dong, 90-5, Jeonsung-dong, Dong-dong, 18 March 18, 2010.

2. Defendant B, even though he was aware that the instant real estate was an stolen at the same time and place as the preceding paragraph, acquired the stolen property by acquiring the ownership of the said real estate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Partial suspect examination protocol of Defendant A by the prosecution;

1. Some of the suspect interrogation protocol of Defendant B by prosecution

1. Part E of the protocol of interrogation of the suspect against Defendant A (2) by the prosecution

1. Each judgment, certified copy of the register, copy of payment note, copy of verification protocol, and protocol of examination of witness;

1. The application of Acts and subordinate statutes of the investigation report (verification report by the person who has prepared a studio report);

1. The Defendants: Article 362 (1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant A’s assertion and judgment

A. The defendant A and his defense counsel do not have completed the registration of ownership transfer with respect to the real estate of this case by the defendant A, but they are under the name of the defendant A.

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