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(영문) 대전지방법원 2017.05.25 2017고단854
장물알선
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to a suspended sentence of four months for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Suwon method on April 8, 2016, and the said judgment became final and conclusive on April 16, 2016.

[Criminal facts]

1. Defendant A

A. On November 201, 2014, the Defendant: (a) provided an explanation that the oil of KRW 63,600,000-liters (round 32,000-liters, gasoline 6,000-liters) that was stolen from the oil pipelines laid underground in Seo-gu Incheon City by drilling a hole on the pipelines buried in Seo-gu, Incheon; and (b) was distributed illegally as a fraudulent crime; (c) received a request to inquire about the place where the said oil was sold; and (d) received a request to inquire about the place where the said oil was sold; and (e) found the duty-free oil as above.

After proposing the purchase of the above oil to G, G accepted it, the G notified D of contact details and mediated the purchase of the above oil.

Accordingly, the defendant assisted the acquisition of G stolens.

B. On November 2014, the Defendant: (a) received a request from G that purchased the oil listed in paragraph (1)-A; (b) received the request from G to identify the person who is to keep the said oil; (c) around that time, he/she introduced G to G as the custodian of the said oil, as the stolen goods, from the I located in He/she is located in He/she of the Suwon-gu, Suwon-gu.

Accordingly, the defendant assisted the storage of stolen property B.

2. Defendant B introduced G from A around November 2014, as described in paragraph 1-b, and around that time, was aware that the oil purchased by G was illegally distributed as a crime of fraud, Defendant B stored the said oil in a tank with a capacity of 50,000 liter storage capacity within the said “K,” and stored the said oil in a tank 3 place in the capacity of 50,000 liter storage capacity.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of police officers in relation to E, L, G, or M;

1. Each police statement made to N,O, or E;

1. Oil pipelines such as the current status of lsD analysis, oil pipeline detection place and restoration work photographs, crime is closed CCTV surface and investigation report (verification of the place of water disposal for the Incheon FF Do basin).

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