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(영문) 인천지방법원 2021.03.24 2020고단10825
장물양도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a trading member of a secondhand trading company working in a secondhand trading complex located in Seo-gu Incheon Metropolitan City.

The Defendant, around 17:00 on August 12, 2020, stated in C’s above “C” as “G” in the criminal history of the victim E indictment from D, but comprehensively taking account of the evidence submitted, given that it is apparent that it is a clerical error of “E” and even if it is corrected without modification of the indictment, it does not cause substantial disadvantage to the Defendant’s exercise of the right to defense. Accordingly, the Defendant ex officio correct it.

The government purchased 25,200,000 won typ typ typ typ typ typ typ typ typ typ typ.

The Defendant received from the police officer on the same day the statement that “the relevant vehicle is the victim’s vehicle that stolen D, etc.,” and the Defendant received a request from the victim to “a request from the victim to sell the vehicle adjacent to the embankment.” On August 13, 2020, the Defendant was aware of the fact that the said vehicle was a stolen object after being investigated by the police officer as a witness in relation to the special theft suspicion such as D, etc. at the Silung Police Station on August 13, 2020.

Nevertheless, on August 28, 2020, the Defendant sold the above vehicle to H in KRW 27.520,000 and transferred stolen goods.

Summary of Evidence

1. A copy of the police statement in relation to the defendant's legal statement I in J,K, L, and each police interrogation report (Evidence No. 23, 24, 26 of the evidence list), investigation report (Evidence No. 23, 24, and 26) and a copy of each motor vehicle transfer certificate attached thereto, a copy of the D driver's license, a copy of the D driver's registration certificate, a copy of the D's registration certificate, a copy of the D's certificate, a statement of transaction amount, a copy of the automobile performance inspection record, a copy of the vehicle receipt and personal information utilization agreement, and a copy of the statement of transactions

1. In cases of investigation reports (Evidence Nos. 45) and copies of application documents for registration of attachment transfer;

1. Application of investigation reports (Evidence No. 48) and copies of attached indictments to the Acts and subordinate statutes;

1. Article 362 of the Criminal Act applicable to the crime and Article 362 of the choice of punishment (Selection of Imprisonment) of the Criminal Act

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