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(영문) 수원지방법원 2013.10.31 2013노3491
장물취득
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of fine) is too large.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

A. The summary of the facts charged in this case was as follows: (a) around 19:00 on December 17, 2012, the Defendant: (b) known that the market value of the victim E, which he stolen from D, was 80,000 won in front of the “C” road in Suwon-si, Suwon-si; (c) purchased 100,000 won in a gallon, and acquired gallon, knowing that the market value of the victim E, which he stolen from D, was 80,000 won in total; and (d) purchased gallon, which was 10,000 won in a gallon, in awareness of the fact that the victim E, the market value of which was 80,000 won in total, was 10,000 won in total; and (e) on January 14:00, 2013, acquired gallon, a victim’s name, and 1,400,000 won in a smart phone.

B. According to the record, on August 8, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., by the Incheon District Court on August 17, 2013, and the said judgment became final and conclusive on August 17, 2013. The criminal facts of the said final judgment are as follows. - (1) - (6) - The Defendant, J, K, L, M, and N (hereinafter the above six persons are referred to as “Defendant, etc.”)

In collusion with P and Q, the Defendant, etc., who committed the joint crimes with P and Q, who received a request for the purchase of one-time call from the owners of stolen goods, purchased a mobile phone which was stolen or lost in a large quantity from many unspecified persons at low prices, and decided to export it to China, etc. The Defendant, etc., upon receiving an order for the purchase of stolen goods directly from P and Q, which is the total liability of stolen goods, and the Defendant, etc., solicited the direct owner of stolen goods to purchase stolen goods in writing in accordance with the direction of theO.

Defendant

In accordance with the above public invitation, etc., the Sincheon-si around July 25, 2012.

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