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(영문) 서울남부지방법원 2013.08.20 2013고정2153
장물취득
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged was posted by the Defendant on the Internet “B” website in order to purchase smartphones with the knowledge of the fact that it is a stolen from many unspecified people who have been in contact.

On December 2, 2012, the Defendant purchased the stolen goods from E in front of the latter part of D Middle School located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and acquired the stolen goods by purchasing KRW 1.40,00,00 with knowledge that the market value of the stolen victim’s name and non-owned market value is one stolen goods.

B. On the end of December 2012, the Defendant acquired stolen goods by purchasing KRW 170,00,00,000 from E in front of F F F F F C in Yangcheon-gu Seoul, with knowledge of the fact that the market value of the victim H owned by G is 90,000,000 won for the victim H.

2. According to the records, the Defendant was sentenced to imprisonment with prison labor for a year and eight months from November 27, 2012 to December 30, 2012, on June 12, 2013, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Seoul Central District Court, on the grounds that he/she acquired a total of 180 smartphones from November 27, 2012, and the judgment became final and conclusive on August 14, 2013.

According to the facts found above, the facts charged of habitual acquisition of stolen property for which the above judgment became final and the facts charged of the acquisition of stolen property of this case committed before the judgment was rendered shall be deemed to have been reduced by the realization of the defendant's habitive wall for the acquisition of stolen property in light of the criminal records, the method and method of the crime, the contents, and the period of the crime. Thus, the facts charged of this case are related to the crime of this case

Therefore, the above final judgment is also effective in the facts charged in this case, and it constitutes a final judgment and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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