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(영문) 창원지방법원 2017.08.17 2017고단1712

장물취득등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to engage in petroleum sales business shall register with the competent authority under the conditions as prescribed by the Act.

Nevertheless, on January 13, 2016, without registering the petroleum sales business to the competent authorities, the Defendant purchased the lux oil on the surface of the year in which E keeps from a tank lorries in his unregistered petroleum storage facility operated by Kimhae-si on January 13, 2016. The fact that E’s marine duty-free oil was purchased by a method of cutting off the lux oil on the surface of the oil tank, which would be supplied to a foreign national vessel, and left the oil tank or embezzled, with the knowledge that the lux C’s primary quantity ( approximately 350,00 litres, 150 dums) was lower than the market price, and then purchased 50,000 won per 50,000 won per 1 year, 750,000 won per 1 year per 75,000 won per 1 year, 250,000 won per son or more per 75,000 won per son or more per 255,00,00.

Accordingly, the defendant acquired tax on the surface of the sea, which is the stolen property, and run the petroleum sales business without registering it with the competent authorities.

Summary of Evidence

Application of Acts and subordinate statutes on accomplices in a copy of the police interrogation protocol against defendant D's legal statement

1. Article 46 of the relevant Act on criminal facts, Article 46 subparagraph 2 of the Petroleum Substitute Fuel Business Act, Article 10 (1) (the point of operating a registered petroleum retail business), Article 362 (1) of the Criminal Act (the point of acquiring stolens), and Article 362 of the Criminal Act, punishment of imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The size of profits acquired by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, and co-offenders or related persons, as well as the protection and observation and community service order.