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(영문) 인천지방법원 2016.04.21 2016고정125
장물취득
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On December 11, 2012, the Defendant, along with B and C, purchased KRW 200,000,000 with knowledge of the fact that the market price owned by the victim F, who was stolen by E from D in the street near the center of the city of Ansan-si, Ansan-si, an amount of KRW 900,000,000,000,000,000,000,000.

The Defendant, together with B and C, purchased 7,200,000 won, a total of 6,200,000 won, from the time to December 30, 2012, as indicated in the list of crimes, including the following:

2. According to the records, the Defendant was sentenced to the suspension of the execution of one year and six months at the Incheon District Court on February 4, 2016 to three years for habitual water acquisition, and the judgment became final and conclusive on February 12, 2016. The summary of the criminal facts of the above final and conclusive judgment may be recognized that the Defendant, B, and C purchased a total of about 467 mobile phones over about 51 times from July 25, 2012 to November 2, 2012, and that the Defendant acquired a total of 1,028 mobile phones from October 201 to March 2013, respectively.

According to the facts found above, it is reasonable to view that all of the facts constituting a crime of habitual acquisition of stolen goods for which the above judgment became final and the facts charged of acquiring stolen goods of this case committed before the judgment was rendered are based on the discovery of the defendant's habitive wall to acquire stolen goods, in light of the circumstances of the crime, the other party to the crime, the means and method of the crime, the contents, and the period of the crime, etc.

I would like to say.

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

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

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