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(영문) 대전지방법원 천안지원 2017.10.27 2017고단1927

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall manufacture fake petroleum products by mixing petroleum products with other petroleum products.

Nevertheless, the Defendant, while running dump truck, manufactured fake petroleum products by mixing them with light oil and light oil in order to reduce fuel expenses, used them as fuel for the above dump truck, purchased approximately 1,70,000 litress of an amount equivalent to the market price of KRW 1,500 litres and KRW 720 litres of light oil in an amount of KRW 870,000 in the market price at D oil station operated by Asan City B around October 5, 2016, and purchased the same 720 litres of light oil and light oil in that place, and added approximately 2,200 litres and added 30 litres and added 170 litres and 30 litres of the Defendant’s E-1 ton truck and added 30 litres of approximately 1,000 litres and 30 litres of petroleum products up to June 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes governing illegal business activities, CCTV images, daily trauma transactions, and current status of expenditure;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business and Article 29 (1) 1 of the same Act ( comprehensively referred to as imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing (Scope of recommending punishment) / No basic area (4 months to 10 months) (special sentencing person) of the type 1 (small and medium-sized (small and medium-scale (less than 50,000 liters)) is available;

2. The act of manufacturing fake petroleum products, such as this case, is a crime that has a great social harm in that it undermines the distribution order of petroleum products and consumer confidence and causes a significant adverse impact on the environment.

However, the defendant recognizes his mistake and is in profoundly against himself.