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(영문) 인천지방법원 2016.04.07 2015고합584

상습장물취득등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant habitually acquired the gasoline and light oil at G parking lots located in Yeonsu-gu Incheon Metropolitan City F, and the Defendant: (a) purchased gasoline and light oil from those articles found therein with four oil tanks; and (b) sold them again.

At around 14:00 on July 17, 2015, the Defendant: (a) purchased gasoline 60 liters owned by the victim’s name and influenite in the instant G parking lot from I, an engineer of H oil test; (b) knowingly purchased 60,00 won from June 2014 to July 17, 2015, including that he/she purchased 60,000 won with knowledge of the fact that it is a stolen; and (c) purchased gasoline 11,480 liters and light oil 2,220 liters that he/she embezzled from June 2014 to July 17, 2015.

2. Any person who intends to run a petroleum sales business in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall register with the competent authority;

Nevertheless, the Defendant did not register, from June 2014 to July 17, 2015, conducted petroleum sales business by selling gasoline and light oil acquired as described in paragraph (1) to K, who is the operator of the gas station in J, by selling 1,100 won of gasoline, after receiving 1,300 won per liter and receiving 1,300 won of gasoline from 1,100 to 9,400 liters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of K or L by each prosecution;

1. Each protocol concerning the examination of a police officer in relation to I, M, N,O, P, Q, and R;

1. Statement by the police against S;

1. A protocol of seizure and a list of seizure;

1. Investigation report (at the time of crackdown, etc.);

1. Photographs of the seizure site;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods, frequency of crimes, and the fact that the same kind of crime has been committed systematically and systematically;

1. Article 363(1) and Article 362(1) of the Criminal Act (the point of habitual acquisition of stolen goods) comprehensively cover the pertinent legal provisions and the choice of punishment for the crime.