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(영문) 서울북부지방법원 2016.10.14 2016고단3580
장물취득등
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months and a fine of one million won;

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant B and Defendant C, knowing that they want to “Manpo Car” referred to as “Manpo Vehicle A, which was known to the general public, with the knowledge that they sought a “Manpo Car”, he had a mind to arrange a vehicle sale with the knowledge of the fact that it was one price for FW 520D car owned by the Social Korea Ltd. Co., Ltd., Ltd., which was offered as a security by the large-scale distributor D with a loan to E.

Accordingly, the defendant C transferred the vehicle price from D to the defendant B, and the defendant B transferred the vehicle price of KRW 21.4 million (excluding the claim offset amount of KRW 600,000,000,000,000,000, in the name of the vehicle price from A to the defendant B, and transferred the vehicle back to D's account. The defendant C confirmed the deposit amount was delivered to A.

As a result, the Defendants conspired to arrange for the acquisition of stolen property A.

2. Defendant A

A. On February 11, 2016, the Defendant acquired stolens by purchasing FMW 520D car owned by the victim non-MW 520D car Co., Ltd. owned by the company of social Korea, which was arbitrarily disposed of and embezzled by E from the company of Daepo-dong, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, with the knowledge that it is a stolen one price, at the FMW 520D car owned by E.

(b) Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the defendant above A.

FMW 520D car owned by D, which was acquired from D, did not apply for the registration of transfer of automobile ownership within 15 days from the date of receipt.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of Acts and subordinate statutes to each investigation report and seizure records;

1. Article 362 (1) of the Criminal Act (the acquisition of stolens and imprisonment), Article 81 subparagraph 2 of the Automobile Management Act, and Article 12 of the Automobile Management Act;

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