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(영문) 대구지방법원 2014.07.24 2013고단6405 (1)
사기등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates (ju) D engaged in the business of collecting high water in Daegu Northern-gu C.

On October 17, 2012, the Defendant, even though he was aware of the fact that there were 5,598,400, the market price of the damaged company owned by F from E, which was acquired by F, was 55,598,400, the Defendant purchased the pipe 267, the price of which was 38,000,000 won.

B. Around November 16, 2012, the Defendant acquired stolen goods at KRW 27,00,000 with knowledge of the fact that there are 39,406,379, the market price of the damaged company owned by F from E, which was owned by F, from E at the above D office.

2. Determination

A. First of all, we examine whether the Defendant purchased the pipe twice from E on the same date and time as the facts charged.

Although evidence consistent with the above facts, E’s investigative agency and this court’s statement was made, the following circumstances acknowledged by the evidence submitted by the prosecutor and the Defendants, namely, the Defendant requested sale of the pipe prior to the date and time indicated in the above facts charged, and the Defendant requested sale of the pipe several times prior to the above facts charged, and if the Defendant purchased the pipe from E at the time of the above facts charged (round October 17, 2012 and November 16, 2012), it was difficult to conclude that there was a mutual contact between the Defendant and E, even if the above date and time and the immediately preceding call details were not discovered (the investigation record 163-165 pages, 236-239 pages), it is difficult to exclude the possibility that the Defendant purchased the pipe from the above facts charged, but the above E’s statement alone cannot be readily conclude otherwise.

B. The defendant was aware of whether he was a stolen or not.

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