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(영문) 서울중앙지방법원 2016.02.17 2015노3943
장물취득등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the list of crimes listed in the attached Table 1 of the judgment of the court of first instance (the part concerning the violation of the Automobile Management Act), each monetary transaction made in the attached Table 1 of the judgment of the court of first instance is merely received due to the transaction with the people, and is not received in connection with the automobile transaction. The same shall not apply to each of the following: 440, 19, 41, 49, 49, 70, 86, 158, 363, 432, 472, 496, 520, 68, 719, 733, and 813.

B. Sentencing 1 Deliberation Punishment (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to the assertion of mistake, the Defendant is fully aware of the fact that the Defendant was engaged in a non-registered motor vehicle trading business as shown in the attached Table 1 of the first instance judgment.

The defendant's assertion of mistake is without merit.

① The Defendant, at the court of first instance, led to the confession of all the facts charged, including engaging in unregistered motor vehicle trading business, such as the list of crimes listed in attached Table 1.

In the first instance trial, when the defendant who was under the assistance of a private legal counsel led to the confession of the facts charged, there was a situation in which he had a reasonable doubt about the reason prescribed in Article 309 of the Criminal Procedure Act, or the motive or process of the confession.

There is no circumstance to see.

② The Defendant confirmed that his own name bank account, agricultural cooperative account, friendship-dong bank account, and the National Bank account in the name of NA over a long-term period of time, and then combined the details of deposits and withdrawals in the name of NA over a long-term period of time, and subsequently, confirmed the daily list of crimes 1 in the judgment of the first instance, on the following grounds: (a) the Defendant’s own name account was entered and withdrawals from the account in the name of NA to the account in the name of NA, and deleted the details of deposits regardless of the vehicle transaction; and (b) the Defendant deleted the deposited details from the account in the name of her own name account.

After being investigated by the prosecutor, all of the transactions entered in the list of crimes are recognized.

(b).

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