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(영문) 인천지방법원 2015.04.15 2014고단6525
장물취득
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is as follows: (a) the Defendant: (b) was a person operating a 'E' store in the Bupyeong-gu Incheon Metropolitan City D and 1 floor; (c) received a proposal from H, a business operator of the 'G’ (hereinafter “G”) operated by the F, to sell the F-owned competition at a lower price.

around July 7, 2012, the Defendant purchased 30,00 an grhyeong 14,440,00 won in total from H at the Defendant’s house located in Bupyeong-gu, Incheon, Bupyeong-gu, 1,305 Dong 1403, and acquired 22,00 won in total from February 3, 2012 to February 22, 2013, with the knowledge of the fact that it is a stolen, as shown in the attached list of crimes, in the same manner, purchase of 30,00 won in total from February 3, 2012 to February 22, 2013 (hereinafter “the interior of this case”).

However, the defendant and his defense counsel consistently asserted that there was no criminal intent to acquire stolens from the investigative agency to the court.

1. As seen below, the Defendant’s purchase of the instant Ansan test from G business operators, is recognized as facts different from that of ordinary G, as the Defendant purchased the instant Ansan test from G business operators.

In other words, the Defendant purchased a price at a considerably low price than a half of the supply price, and the volume received as a result of a large quantity, and traded without preparing a tax invoice or a transaction statement.

The payment was mainly a method of withdrawing cash and paying it to H.

2. However, recognition of such a transactional circumstance and recognition of the Defendant’s intentional acquisition of stolen property that “The Defendant knowingly purchased the stolen property that H embezzled.” is a matter of another issue.

In light of the following circumstances, evidence alone adopted to the extent that there is no reasonable doubt as to the facts charged that the defendant acquired with the knowledge that it was a stolen property of this case.

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