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(영문) 부산지방법원 2019.08.13 2018고단5851
특수절도
Text

1. Defendant B is not guilty. The summary of the judgment of innocence is published against the Defendant.

2. Defendant A.

Reasons

Punishment of the crime

Defendant

A, as the head of the Dispute Resolution Co., Ltd., a ship hold a contract for the "E" awarded by D to the head of the Dispute Resolution Co., Ltd., to clean F-oil tanks, etc., a ship hold an intention to remove waste and residual oil in the oil tank to the outside and steal it.

Accordingly, at around 17:00 on December 13, 2017, the Defendant: (a) while carrying oil tanks cleaning work in G, the Defendant stolen the property of the Republic of Korea of the Republic of Korea by carrying waste and residues 16,000 liters, which were loaded in the oil tank, into the K luom driveed by J.

Summary of Evidence

1. The defendant A's partial statement

1. Application of the witness J and L respective statutory statements Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. It is so decided as per Disposition in full view of the following: (a) there is no history of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) motive and background of the crime; and (c) the degree of damage;

The acquittal portion

1. The summary of the facts charged is a person in charge of overall affairs as the actual operator of the Dispute Resolution Co., Ltd., which is a ship hold cleaning company, and M is a person in charge of the tender of oil tank cleaning service contract, N's work consultation with the N, and management of field work such as cleaning of oil tanks ordered by N., and Defendant A works as the head of the headquarters as children of Defendant B, and takes charge of the field work such as cleaning of relics along with M, etc.

Defendants and M are running the work of cleaning F’s oil tank, etc. with the bid awarded by D on March 24, 2017 by the Bank of Korea. Under the above service agreement, Defendants and M shall transfer to the maximum number of winners of the oil tank, and waste and residual oil less than the absorptioner shall be used by themselves or companies when it is determined as waste oil after sampling and testing for oil analysis.

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