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(영문) 대구지방법원 서부지원 2013.04.30 2012고단1494

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person of "2012 Highest 1494" shall keep fake petroleum products.

Nevertheless, the Defendant, at around October 24, 2012, operated a stop store in Daegu-gu, Daegu-gu B, kept 16 clicker (17 liter), each fake petroleum products, and 16 celus (17 liter), each of which is fake petroleum products, in order to sell them for motor vehicle fuel.

No one shall sell fake petroleum products of 2013 largeest 54.

Nevertheless, from November 25, 2012 to January 21, 2013, the Defendant operated a stop store with the trade name “D” at the store located in Daegu Seo-gu, Daegu-gu, and sold a large volume of fake petroleum products by receiving KRW 48,00 won on a daily average to unspecified vehicle drivers who wish to oil in one set of a mixture of subpoper and a heelth (17 liter, respectively).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to test and analysis results and test reports;

1. Article 44 of the Act applicable to facts constituting a crime and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (Options of Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;