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(영문) 대구지방법원 2014.01.02 2013고단5454

석유및석유대체연료사업법위반등

Text

Defendant

A and C shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

No person shall manufacture, import, store, transport, keep in custody or sell fake petroleum products.

Nevertheless, Defendant C, an intermediate wholesaler, supplied fake petroleum to Defendant A and Defendant B, and Defendant A and Defendant B stored and sold fake petroleum.

1. Crimes in F;

A. From November 201 to April 26, 2013, Defendant C sold fake petroleum in total amounting to KRW 77,180,000 based on the market price, as shown in attached Form 1, by providing F’s average 30-40 (1, Article 1) of fake petroleum purchased from a ster manufacturer to F’s A and B on average 3 days.

B. Defendant A and Defendant B’s joint criminal conduct (1) employed Defendant B as an employee and supplied fake petroleum from Defendant B as at the date, time, place, and place under the preceding paragraph, and sold them to customers by means of selling them, such as as at the time of November 8, 2012 through April 26, 2013, as shown in attached Table 1 (Provided, That the amount and total sum of Nos. 31 and 105,000 won are excluded), wholesale sold fake petroleum equivalent to a total of KRW 77,075,00,00 in the base market price.

(2) On March 15, 2013, the Defendants conspired to keep 17 liters of fake petroleum products for the purpose of selling in the aforesaid “F”.

2. Crimes in H

A. Defendant C and B transferred the criminal place to H “H” located in Daegu-gu, Daegu-gu, around April 2013 when the control was conducted in the foregoing F, and the Defendant: (a) from April 2013 to July 2013, 2013, purchased from a non-manufacturer of the instant H by supplying 20-30 (Article 1) once every three days from May 3, 2013 to July 8, 2013, the standard market price for wholesale wholesale as shown in attached Table 2, in the aggregate. < Amended by Act No. 11871, May 3, 2013 to July 2, 2013; Act No. 11854, May 3, 2013; Act No. 11906, Jul. 8, 2013>