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(영문) 인천지방법원 2020.12.03 2020고단563
장물취득등
Text

[Defendant A] The defendant shall be punished by imprisonment for three years.

except that the above sentence shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A, Defendant B, and Defendant D

A. Defendant A, as the representative of the K K which is registered as a general agency for petroleum sales in J in Yangju City (hereinafter “stock company’s name”), leased the oil storage facility behind the “M gas station” in Pocheon-si L, which is located behind the “M gas station,” and had seafarers receive the oil from the distributor who collects and supplies the oil on the ship, and transport the oil to the above oil storage facility. Defendant B and Defendant D conspired to manage the above oil storage facility under the direction of Defendant A, manage the oil storage facility, and distribute the oil in the market for boiler for boiler fuel.

The defendants' marine mitc oil, which was acquired by the defendants, was traded with salt below 1/3 of the market price, and there was no purchase tax invoice to be submitted to the tax office at the time of the transaction. The above mitc oil was impossible to be traded on land for maritime purposes, and the general agency was supplied with petroleum products by petroleum refiners, petroleum exporters or importers, or general agencies of the same kind, and was prohibited from being supplied with petroleum products or alternative fuel in violation of the business scope or business method.

Nevertheless, around August 1, 2016, Defendant A purchased 30,000 liter oil 30,000 liter oil for maritime use, which is the goods of the ship owner, from the port of Busan around August 1, 2016, by pretending the removal of waste oil and waste at the port of leisure, and had N transport and transfer the oil to the above oil storage facilities. Defendant B and Defendant D acquired the stolen goods by means of managing the above oil storage facilities by collusion with the Defendants, and from around that time until November 2, 2018, the Defendants conspired to acquire them more than 3,708,00 liter in total over 123 times in total, as shown in the attached list 1 of crimes.

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