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(영문) 대구지방법원 2013.05.08 2013고정440

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

1. On November 7, 2012, the Defendant: (a) discovered at the D office in the operation of Defendant’s Defendant located in Daegu-gu, the Defendant: (b) stored 187 liters (17 liters x 11) of fake petroleum products to an unspecified number of motor vehicle drivers, mixed with Toluene and Mean, a petrochemicals, in a petroleum product; (c) received 25,000 won per unit; (d) sold fake petroleum products for motor fuel; and (e) sold fake petroleum products for motor vehicle fuel; and (e) stored them for sale for vehicle fuel.

2. On November 22, 2012, the Defendant: (a) around November 22, 2012, the Defendant: (b) received 25,000 won per 17 liters of fake petroleum products, a petrochemicals, from a large number of unspecified motor vehicle drivers who found at the above D office; (c) sold fake petroleum products, which are petrochemicals, for motor fuel; and (d) stored 238 liters of fake petroleum products (17 x 14 x 14) in order to sell them for vehicle fuel.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the results of sample analysis and the results of test and analysis;

1. Application of Acts and subordinate statutes to each control site photograph;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;