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(영문) 서울중앙지방법원 2018.06.20 2018고단1657

석유및석유대체연료사업법위반등

Text

1. Defendant A shall be punished by imprisonment for two years.

Seized evidence shall be confiscated from 1 to 9, and 13 through 16.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the actual operators of “H gas station” located in the Dong-gu, Soyang-si, Manyang-si, and Defendant B is a staff member who works in the position of the head of the Gu at the above gas station.

The Defendants abuse the fact that the market price is lower compared to the transit price, and Defendant A removed identification plates added to lux oil for the purpose of preventing and controlling the manufacture of fake petroleum, and Defendant B conspired to manufacture and sell fake transit by mixing lux oil with lux oil on which identification systems are removed.

On August 16, 2017, the Defendants: (a) transited 2,00 liters through an identification removal device filled with active carbon to remove identification; (b) combine them with 20,000 liters; and (c) subsequently, manufactured 22,00 liters via fakes by adjusting them into normal transit color; and (d) sold 21,714 liters to the drivers of diesel vehicles visiting the said gas station by manufacturing 22,00 liters by adjusting them into normal transit color.

From August 13, 2017 to August 16, 2017, from December 1, 2017 to February 7, 2018, Defendants charged the total market value of KRW 2,056,521,609, total market value of KRW 2,059,141,473, as shown in the attached crime list, and they charged the Defendants with selling fake transit of KRW 2,059,147, KRW 36,369,365,000, No. 12,36,365,00, No. 29636,56,00, No. 250,365,000, No. 12,36,365,00,000, “No. 46,365,000,000,000,000)” were 50,000,000.