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(영문) 인천지방법원 2018.11.01 2018고단2797
장물알선
Text

The defendant shall be innocent.

Reasons

1. On March 18, 2018, the Defendant, along with B, promised the Defendant to receive KRW 30,000,000 and KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, with knowledge that the above handphone is a stolen, the Defendant and B promised to contact the name-free mobile phone buyers that B came to know through the Internet search and to intermediate the sales of the handphone, and then, the Defendant sent C to the Incheon Gyeyang-gu Accounting Station, which was the promise place to trade with the mobile phone buyers on March 19, 2018.

Accordingly, the Defendant conspiredd with B to arrange the transfer of stolen property.

2. We examine the public offering of the board.

C based on the common legal statement of C and B, the fact that the defendant was accompanied by the defendant while he was aware that the cell phone is a stolen article.

In that sense, even if based on each of the above principal offenders and accomplices, it is not specifically revealed that the defendant contributed to the realization of the co-principal's intent, such as good offices, by any act in the process of accompanying him.

When the principal offender C requested the disposal of a mobile phone by putting the phone to a bbrupted B, the Defendant sent time in the so set-called soup room near the b and the station of the State.

Unless it is planned to have an independent brupted case, the defendant, whose time has been sufficiently met, is not likely to do so to the adjacent promise place that is playing together in the PC soup room and the way to do so, and it is not likely that there is no room for the defendant to do so even with the adjacent promise place towards the future.

Such accompanying was derived from an implicit resolution due to the sharing of the role of the co-principal or solely on the part of the co-principal.

It shall not be readily concluded.

The principal offender C is limited to B and B in the territory of the State.

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