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(영문) 청주지방법원 2018.03.22 2016고단1890 (1)

장물알선

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant and B, who acquired water from occupational division and office chiefs, operate the “D gas station” located in Jincheon-gun C and the “F gas station” located in Jincheon-gun C and are engaged in the oil sales business.

On October 2, 2015, the Defendant and B came to know of the introduction of a seal at the above gas station around October 2, 2015, the Defendant and B provided that 100 won per liter from H to the price lower than the market price was supplied with non-data oil.

A person engaged in the oil sales business shall carry oil-related documents, such as a oil transport invoice, tax invoice, quotation, etc., to be purchased, and purchase the oil after verifying the source, type, etc. of the oil to be purchased, but in the case of illegal oil, he/she has a duty of care to ensure that the stolen oil is distributed so as not to hinder the distribution of the oil due to the distribution of the stolen oil.

Nevertheless, the Defendant and B conspired with the above duty of care and purchased 40,000,000 won of the oil market which was stolen from the oil pipelines and traded as non-data, as well as the purchase of 40,80,000 won of the oil market price from around 20,000 to October 24, 2015.

Accordingly, the Defendant and B conspired to acquire stolen goods by purchasing oil that was stolen by H in the above occupational course.

2. No person who violates the Electronic Financial Transactions Act shall engage in lending any access medium with the transfer or acquisition of, or with the payment for, the access medium or lend such medium;

The Defendant and B agreed to have the business operator of the above station in the name of a third party, and to purchase the passbook, etc. in the name of a third party necessary for the business through I, which is a book for soliciting the "Faz President", and B, around July 9, 2015, I in front of the J bank's well-known and well-known branch in the Cheongju-gu Seoul Special Metropolitan City.