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(영문) 대구지방법원 2011.10.25 2011고단3484

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

[2011 Highest 3484] No person shall manufacture, import or sell pseudo petroleum products, or store, transport or store pseudo petroleum products with the knowledge thereof.

Nevertheless, at around 15:45 on March 7, 201, the Defendant kept 17 liters in a mixed strawer in order to sell the vehicle fuel to the drivers of non-motor vehicles.

[201 Highest 4821] Any person may not supply, sell, store, transport, or keep petrochemicals for the purpose of manufacturing pseudo petroleum products. However, the Defendant purchased and stored 3,50 liters (570 liters per liter, 1,95,000 liters per liter, and 570 liters) from C for the purpose of manufacturing pseudo petroleum products on the street under the gold belt located in the Geum-dong, Daegu Northern-gu, Daegu, on April 5, 2011.

Summary of Evidence

[2011 Highest 3484]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Forwarding of the results of test and analysis (201st class 4821);

1. Each legal statement of the defendant and C;

1. Records of seizure and the list of seizure;

1. On-site photographs, results of test and analysis, and forwarding;

1. Application of the Acts and subordinate statutes to the investigation report (Mellistic measurement);

1. Article 44 of the Act applicable to facts constituting an offense and subparagraph 3 of Article 44 and Article 29 (1) of the Petroleum and Petroleum Substitute Fuel Business Act that choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the suspended sentence of Article 62(1) of the Criminal Act deals with pseudo petroleum products with the reasons for sentencing (normal consideration favorable to the reasons for sentencing below) is not high in the sense that it directly manufactures pseudo petroleum products after the first crackdown and purchases Mexane belonging to 3,500 liter for the purpose of selling them, the sentence like the disposition shall be imposed in consideration of the fact that the crime is led to confession and reflect, and that there is no same power.