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(영문) 광주지방법원 2013.09.24 2013고단2819

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall supply or sell petroleum products, petrochemicals, alternative fuels, or materials containing carbon and hydrogen in order to manufacture and sell fake petroleum products or to use them in manufacturing and selling fake petroleum products or as fake petroleum products.

Nevertheless, at around 12:00 on March 27, 2013, the Defendant: (a) injected the transit to the F Pokes operated by E at the development site of the Dosan Complex, and (b) injected approximately 24L via opening a valve of H home Ri truck, which is a vehicle for delivery of the G farm run by the Defendant, and (c) immediately infusing approximately 96L, such as opening a luoring valve, and (d) manufactured and sold a mixture of approximately 80% of oil by inserting and mixing it with approximately 120L.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Confirmation of collection of samples for distribution inspection, and application of Acts and subordinate statutes to examination results;

1. Article 44 of the relevant Act on criminal facts and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum Substitute Fuel Business Act as to the option of petroleum and punishment;

1. The crime of this case for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant manufactured and sold pseudo petroleum products by mixing pseudo petroleum products with light oil, and there is a substantial social risk and harm from the manufacture and sale of pseudo petroleum products, and even if the defendant was sentenced to a fine of 15 million won for the same kind of crime in the past, it is deemed that a strict punishment is necessary for the defendant in light of the fact that the defendant repeated the crime of this case even though he was sentenced to a fine of 15 million won for the same crime in the past. However, the defendant is divided into and reflects his mistake, and there is no criminal record other than four times a fine, and the act of manufacturing and selling pseudo petroleum products by the crime of this case was done once, and it was not much transferred, and the defendant did not repeat the same crime again.