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(영문) 대구지방법원 2015.12.24 2015고단5624

석유및석유대체연료사업법위반

Text

1. The defendant shall be punished by imprisonment for four months;

2. Seized evidence 2 to 5 shall be confiscated.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for a crime such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Seogu District Court's branch branch branch branch branch on December 16, 2013.

No one shall sell fake petroleum products manufactured by mixing petroleum products with petrochemicals, etc.

D is a person who actually operates H gas stations and I gas stations in Daegu-gu E and Daegu-gu on the ground of winter G, etc., and J is a person who is in charge of the overall operation of gas stations, such as inventory management of oil necessary to make fake petroleum into the site manager of the above H gas stations, preparation of books, etc., and the defendant is responsible for selling fake petroleum products.

The Defendant was willing to sell fake petroleum products manufactured by mixing them with the above D, etc., to the driver of the truck, etc.

Accordingly, on May 26, 2015, the Defendant, upon receipt of D and J’s instructions, sold fake petroleum products at the market price from May 26, 2015 to August 13, 2015, including that from around April 2014 to August 13, 2015, the Defendant sold fake petroleum products equivalent to 60,895,360 won at the market price to freight drivers, etc., as indicated in the attached list of crimes, including that he/she sold fake petroleum products at the rate of 59,582 liter petroleum products from around August 2014 to August 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or J;

1. Statement of the police statement concerning theO;

1. A P statement;

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

1. Seven photographs of the exposed site;

1. Forwarding of test and analysis results;

1. Before ruling: Application of criminal records, etc. and investigation reports (verification of the fact that the period of repeated crime of a suspect is in progress)-related Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;