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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From July 16, 2013 to December 3, 2013, the Defendant: (a) was a person who served as a driver of a D ready-mixed vehicle owned by the victim C; and (b) agreed to 100 liters via a gas station located in the “F” group in the Chungcheongbuk-gun E, after 10 hours a day using the aforementioned ready-mixed vehicle.
The victim, when a driver 10 litress from the above “F” oil the transit of 100 litress on the ready-mixed vehicle, would receive KRW 200,000 won per day transportation cost, and KRW 370,000 per day transportation cost if the driver did not oil to the above ready-mixed vehicle. As such, if the Defendant received a custody certificate because he did not oil to all 10 litress on the above ready-mixed vehicle, the Defendant later got the transit to the above ready-mixed vehicle or to return the custody certificate to the victim.
However, on December 3, 2013, the Defendant, after operating the above ready-mixed vehicle, provided 60 liters via the oil station within the “F” and 40 liters via the remainder via the oil station, received a certificate of custody. On December 4, 2013, the following day, on the G ready-mixed vehicle owned by the Defendant, provided at will about 40 liters per liters ( approximately 1,700 won per liter).
As a result, the defendant acquired property benefits equivalent to about 58,00 won of the above transit price, and suffered damages equivalent to the same amount to the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal sound recording files for a witness C;
1. Application of Acts and subordinate statutes to a copy of transit date;
1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. At the time of the assertion, drivers employed by C had the capacity of 200 liter to receive light oil 10 litres from F with a day.
However, C remains less than 10 liters a day.