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(영문) 서울중앙지방법원 2017.11.13 2016고단6966
장물취득등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 High Court Decision 6966] Defendant A was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on September 12, 2016, and the judgment became final and conclusive on February 3, 2017.

1. On December 2014, Defendant B received a request to sell a HI vehicle of KRW 76 million at the market price owned by the victim G from F at the E parking lot located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, for sale at around 14:00,00.

The defendant knew that the above vehicle is stolen, around December 2014, sold to A the price of KRW 24 million at the K coffee shop located in the Gangnam-gu Seoul High Court in Gangnam-gu Seoul.

Accordingly, the defendant assisted the transfer of stolen goods.

2. Defendant A

A. On December 2014, the Defendant acquired stolen goods by purchasing KRW 24 million with knowledge of the fact that HI vehicle in an amount equivalent to KRW 76 million in the market price owned by the victim G, which was stolen by F from the K coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, was stolen.

(b) Where a transferee of an automobile in violation of the Automobile Management Act intends to transfer it to a third party, he shall apply for the registration of transfer of ownership to the Mayor/Do governor;

Nevertheless, around December 2014, the Defendant paid KRW 24 million to B at the above K coffee shop, and received from B the HI vehicle in the name of G from B, but did not make a transfer registration under the name of the Defendant, but received KRW 27 million prior to the entry into active duty service in Gangnam-gu Seoul, Seoul on December 27, 2014.

[2016 Height 77] Where a transferee of a motor vehicle intends to re-transfer it to a third party, he/she shall apply to the Mayor/Do governor for the registration of transfer of the ownership of the motor vehicle.

Nevertheless, Defendant A received from “N” office located in Seongdong-gu Seoul Metropolitan Government on December 2, 2014 a PK9 car in the name of “N” office from “B” office in Seongdong-gu, and did not make a transfer registration under the name of Defendant, but rather made a payment from Q in the above office on January 2015.

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