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(영문) 청주지방법원 2017.08.08 2016고단1890

장물알선

Text

Defendant

A Imprisonment for eight months, Defendant B’s imprisonment for four months, Defendant C’s fine of KRW 3,00,000, and Defendant D.

Reasons

Punishment of the crime

"2016 Highest 1890"

1. On September 2015, Defendant A received request from the J of “I gas station” owner who stolen and sold oil from oil pipelines to find a place where oil can be disposed of.

On October 1, 2015, the Defendant: (a) requested the operator of “L gas station” located in K at Ansan to inquire of oil without material; (b) provided contact with the J despite being aware of the fact that oil owned by J is a stolen; (c) provided the transfer of stolen goods to sell 20,000 won via without material to the above L gas station at a lower price than 20,020 won; (d) around that time, from around October 28, 2015 to around October 28, 2015, the Defendant arranged the transfer of stolen goods so that the market price of approximately 5,588,480,000 won via no material via the gas station at a total of 19 times between the J and the gas station owners, such as the daily list of crimes No. 1.

2. Defendant B is a person who operates the “L station” in Ansan and engages in the oil sales business.

around October 1, 2015, the Defendant was informed of his knowledge at the above gas station.

With A's mediation, from J to 90 won per liter than the market price, 100 won was supplied with oil at low prices.

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

Nevertheless, the defendant neglected the above duty of care and purchased from J an amount equivalent to KRW 20,200,000,000 from oil which he stolen from oil pipelines and traded as non-data, as shown in attached Table 2 from around that time to October 28, 2015.