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(영문) 서울중앙지방법원 2013.5.7.선고 2013고단1138 판결

상습사기,석유및석유대체연료사업법위반

Cases

2013 Highest 1138 Habitual Fraud, Violation of the Petroleum and Petroleum Substitute Fuel Business Act

Defendant

A person shall be appointed.

Prosecutor

Choi Ho-ho (Institution of Prosecution) and Lee Jin-ho (Trial)

Defense Counsel

Law Firm (LLC) 0, Attorneys 000, 000, 000, 000, 000

Law Firm 00, Attorney 000

Imposition of Judgment

May 7, 2013

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 11 shall be confiscated.

Reasons

Criminal facts

The defendant is a person who operates 11 gas stations, such as gas stations in Ischeon-si, and 000 is in charge of the purchase, purchase, sale, etc. of oil at gas stations operated by the defendant with his/her partner, and 00,000, and 000 is a driver of the oil transport vehicle at the above gas stations.

When the operation of a gas station is difficult, the Defendant: (a) as well as the above 000,00,000, 000, used to manufacture and sell fake petroleum products by mixing them with oil by removing solvents or distinctive agents which are petroleum products; (b) the Defendant purchased solvents from 000 to have them stored in the oil storage tank of the gas station; (c) the Defendant, using an oil transport vehicle, used it to transport solvents to modern gas stations; and (d) manufactured fake petroleum products to sell fake petroleum products to customers without knowledge of the fact; (b) removed the above 00, such as 00, 00, 00, 00, 00, 00, 00, 00, 00, 000, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 0, 00, 0.

1. Violation of the Petroleum and Petroleum Substitute Fuel Business Act;

No person shall manufacture, import, store, transport, keep, or sell fake petroleum products.

(a) Manufacturing and selling fake petroleum products (mix of gasoline and solvents);

On January 2, 2010, along with 00,000, the Defendant purchased from 000, and sold fake petroleum products to unspecified customers by mixing it with 2,400 liters in a gasoline storage tank connected to the foregoing modern oil station with gasoline 10,80 liters in a gasoline storage tank, which had been loaded on the above vehicle in the home-ho vehicle with 600 liters kept in the oil storage tank of the gas station. At around that time, the Defendant manufactured fake petroleum products and then sold fake petroleum products to unspecified customers.

In addition, from January 2, 2010 to June 7, 2012, the Defendant mixed it with the Home Lane vehicle as described in the attached Table (1) of the crime list, and then added it into the gas station fuel storage tank, mix it into the gas station fuel storage tank, mix it into the oil station using a tank lurri vehicle operated by 000 or 000, and then moved the solvents into the oil station and the gasoline storage auxiliary tank, mix it into the above auxiliary tank, and manufactured petroleum products 6, 751, 640 liters less than 94: 1,55 won per liter and 2,05 won per liter, and around that time, the Defendant found the above gas station to be mixed with the petroleum products totaled of 1,91,100 won and 1,197,100 won per liter, and 1,3005 won per liter, and sold petroleum products.

Accordingly, the Defendant conspiredd with 000,000,000, and manufactured and sold fake petroleum products by mixing gasoline which is a petroleum product with solvents which is another petroleum product for the purpose of using it as fuel for automobiles, etc.

(b) Manufacturing and selling fake petroleum products (mix between light oil and solvents);

On January 1, 2010, along with the Defendant’s 00,000, around 000, the Defendant purchased solvents 1,600, which was kept in the oil storage tank of the gas station, and loaded 1,600 litress into the tank in the tank oil storage tank connected with the discharge of the gas station, and then additionally put 20,000 litres into the tank, and then manufactured fake petroleum products by mixing them with light oil and solvents below 93:7 : around that time, the Defendant manufactured fake petroleum products with an unspecified number of customers.

In addition, the Defendant, from January 1, 2010 to March 14, 2012, as indicated in the attached list of crimes (2), manufactured fake petroleum products, which combines diesel and solvents with the aforementioned methods in the proportion of 7:30 liters, and around that time, sold a total of KRW 1,365 to 1,785 won per liter from many unspecified customers who found the gas station at that time, and a total of KRW 1,141,79,60,600, which combines solvents with diesel petroleum products.

Accordingly, the Defendant conspiredd with 000,000,000, and manufactured and sold fake petroleum products by mixing them with solvents which are petroleum products with other petroleum products for the purpose of using them as fuel for automobiles, etc.

(c) Manufacturing and selling fake petroleum products (mix oil, such as removal of identification agents, etc. in transit);

On June 8, 2012, when it was difficult for the Defendant to manufacture and sell fake petroleum products by mixing it with a tank cromatic vehicle, which was kept in a gas station around 000, the Defendant purchased a home cromatic vehicle with a device to remove its identification agents, ordering 000 to manufacture and sell fake petroleum products by mixing it with the oil through mixing it with the oil.

The Defendant, along with 00,00,000, around September 3, 2012, at the oil station above, manufactured fake petroleum products 159,99 liters by mixing 159,99 liters by inserting 24,00 litress of oil, such as removing identification agents using the said home glass vehicle, onto the tank lock vehicle at the time of loading 24,00 litress of oil into the tank lock vehicle above the above vehicle, and by combining 85:15 kinds of oil, for which the transit and identification agents are removed by connecting lice between two vehicles.

In addition, from September 3, 2012 to February 6, 2013, the Defendant: (a) manufactured fake petroleum products 4,853,304 liters by mixing them with the oil by removing identification agents from light oil in the aforementioned method as indicated in the attached Table (3) from around September 3, 2012; (b) around that time, the Defendant supplied them to six gas stations, including the above gas stations, 00 gas stations in Ycheoncheon-si, 00 gas stations in Ycheon-si, 00 gas stations in Ycheon-si, and 00 gas stations in Ycheon-si, and sold fake petroleum products by receiving KRW 8,493,282,000 from many unspecified customers.

Accordingly, the Defendant conspiredd with 000,000,000,000 and manufactured and sold fake petroleum products by mixing light oil which is petroleum products with other petroleum products for the purpose of using them as fuel for automobiles, etc.

2. Habitual fraud;

The Defendant, along with 00,00,000, around January 2, 2010, at the 00 gas station in Ischeon-si, around January 2, 2010, the Defendant sold fake petroleum products manufactured by mixing gasoline with solvents as referred to in paragraph (1) of Article 1, while driving as if he sells refined gasoline to customers who found the above gas station, and provided 6,665 litres of fake gasoline.

As such, the Defendant, by deceiving the victims of the non-personal injury, received a total of KRW 10,565,00 from the victims as gasoline oil payment.

In addition, the Defendant, from January 1, 2010 to June 7, 2012, as indicated in the annexed list of crimes (1), and (2), sold fake petroleum products manufactured by mixing gasoline or diesel with solvents in the same manner as in paragraph (1), and by deceiving the victims in the name of the victims who found the above gas station as if they sold the petroleum products by mixing them with solvents in the same manner as in paragraph (1), and was issued from the victims an amount equivalent to KRW 13,05,716,60 in total as the price for gasoline or light oil.

Accordingly, the Defendant, in collusion with 000,000,000, and 000, received a total of KRW 13,05, 716, and 600 by deceiving victims habitually, and received benefits equivalent to KRW 212,735, and 500.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning 00, 000, 000, 000, 000, 000, 000, and 1. The protocol of the suspect examination of the police concerning 000;

1. Each written statement of 00,000,000,000;

1. Statement of seizure by the police;

1. Investigation report (related to the results of the primary screening test conducted by the Institute, the current status of gas stations in the management of 000, the suspect's 000 fake petroleum manufacture and sale and the calculation of pure profit);

1. The results of the inspection of the removal of fake petroleum identification agents, the arrangement of the suspect's purchase of 000 substitute oil, the list of the suspect's purchase, the list of GSknex repliess, S - OIL repliess, present data on bank replies, ST tank response data, the results of the second screening test by the KIIS Institute, copies of the results of the testing and analysis by the KIS Institute, the list of the results of the testing and analysis by the KIS Institute, the suspect's manufacture and sale amount, and the calculation of pure profit; and

1. Each photograph;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, period and frequency of crime, and the fact that the same kind of crime has been committed systematically and systematically;

1. Article applicable to criminal facts;

Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (the manufacture and sale of fake petroleum products), Articles 351, 347(1), and 30 of the Criminal Act (the point of habitual fraud), and each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

In the case of habitual fraud among the above crimes of Article 48(1) of the Criminal Code, the sentencing guidelines are applied in the case of habitual fraud among the above crimes of Article 48(1) of the Criminal Code. The sentencing guidelines should be applied in the case of types 2 (type 2 (type 100 million won or more, type 50 million won or less), which fall under the area of special aggravation (type 2nd 6 to 9 years, in the case of crimes for unspecified or large number of victims or repeated crimes for a considerable period, in the case of habitual crimes), and the sentencing should be

The crime of this case is not good in that the crime of this case is committed in order to protect consumers by maintaining a proper quality of petroleum and alternative fuel and securing a sound distribution order, thereby impairing the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act, which is intended to protect public health and the environment from harmful exhaust gases, etc. caused by fake petroleum products, and takes illegal profits from the public trust of gas stations. The society and economic harm is serious; the amount of fake petroleum products manufactured and sold by the defendant is enormous; the amount of damage therefrom is not much significant; the defendant newly purchased vehicles even though the defendant was under the control, and continuously committed the crime; strict punitive measures are required to eradicate illegal profit-making crimes such as the crime of this case; the crime of this case requires strict punishment measures to eradicate the crime of this case. However, the defendant's sentence is inevitable. However, the defendant has no previous conviction and wrong; the defendant has no criminal record above the same kind of suspended execution and suspended execution; the defendant's punishment of this case is relatively limited to the punishment of this case; the defendant's age and condition after mixing them with normal products; the defendant's age ratio of punishment of this case.

Judges

Judges Song Hona