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(영문) 청주지방법원 제천지원 2013.05.09 2013고단171

석유및석유대체연료사업법위반

Text

1. The defendant A shall be punished by imprisonment for eight months;

However, for two years from the date this judgment becomes final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

F around July 2012, 2012, the F is the actual operator of the above gas station in which he installed a fake oil storage tank and operation location, etc. and sold fake petroleum, and the Defendant A, knowing it around January 21, 2013, was to receive benefits from the above F, entered the name of the above gas station as a representative in the name of the above gas station, and combined the lux oil with lux oil in accordance with F’s instructions, and Defendant B was in charge of oiling the fake petroleum in the above G gas station.

The Defendants conspiredd with F (Suspension of Prosecution on the same day) and sold 60% of lux oil in the oil station from February 1, 2013 to February 20, 2013, and 174,927 liters mixed with 40% of lux oil in the oil station, to 298,950,243 won.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, confirmation of collection of samples for distribution inspection, confirmation of collection of samples for quality inspection, investigation report, notification of the results of primary selection test, list of sales, list of total sum of daily sales, field photographs, and current status of instruments;

1. The Defendants: Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act, respectively, shall be punished by imprisonment, and Defendant B shall be punished by a fine, respectively.

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Probation Defendant A: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendant B’s order of provisional payment: The case where the Defendants, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, have sold fake petroleum products to many and unspecified customers by manipulating a conference, the method of committing the crime is planned and intelligent, and the quantity of fake petroleum products sold is significant, and the act of selling fake petroleum products is likely to reduce the vehicle’s structural and functional capacity, thereby ensuring the safety of vehicle operation.