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(영문) 전주지방법원 정읍지원 2013.05.23 2013고단218
장물운반등
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

1. Tax-free gasoline in the fishing industry for transporting stolen goods is petroleum supplied under the condition that NFFC purchases it directly from a oil refining company for the purpose of using in the coastal and inshore vessels and coastal fishing vessels as stipulated in the Restriction of Special Taxation Act and uses in the fishing industry for fishermen. The purpose of the tax-free oil supply is to provide low-priced price-free oil for the purpose of increasing the income of fishermen through stable supply of fishing vessels in coastal and inshore fishing vessels for the purpose of increasing the production capacity of fishermen, 100 litres per day;

C was transferred from the tax-free oil for the fishing industry in which a person without his/her name was unable to receive the cooperation, and was kept in the vicinity of the E elementary school located in B, B, and without a separate facility for storage of hazardous materials in the vicinity of the E elementary school located in D.

F The F had the Defendant transport the duty-free oil in the fishing industry kept by C as above to the public parking lot located in G in the Jeonbuk Kim Jong-gu.

F around August 2012, the Defendant agreed that “F will give KRW 100,000 each time when delivering duty-free oil to the Defendant, who is an elementary school, at an infinite place, which does not exceed the preceding week.”

On August 11, 2012, the Defendant moved duty-free gasoline, which is a stolen goods stored in the above E elementary school near the above E elementary school, to H H high-fit vehicle, and transported the duty-free gasoline to the public parking lot located in G in Kim Jong-si, and thereafter, from around that time to March 27, 2013, the Defendant transported 525,000 liters (=2,500 literx210) market price of KRW 1,02,3750,00,000 at the market price as shown in the list of crimes in attached Table 210 to March 27, 2013.

2. No person who violates the safety control of dangerous substances shall store dangerous substances of more than the designated quantity in any place other than a storage place or handle them in a place other than a factory

Nevertheless, the Defendant, on August 11, 2012, transported and handled the above duty-free oil 2,50 liters, which is a dangerous substance, as above.

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