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(영문) 대전지방법원 2013.06.27 2012고단2029

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(State) The Defendant is a person who has been engaged in petroleum retail business (use retail store) under the trade name of B.

No one shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuels, or materials containing carbon and hydrogen in order to use them as pseudo petroleum products.

On June 2010, the Defendant received a proposal from (ju)B office in which the Defendant was operated by the Defendant, the Defendant, with knowledge of the fact that he wanted to purchase an rush for the purpose of using the rush with the intent of using the rush in creating similar petroleum products by ordering the event in the name of (ju) B from the name of the sub-person who was in charge of supplying petrochemicals (so-called D president) and ordering the event in the name of (ju) B.

On July 23, 2010, the Defendant: (a) called the petrochemicals’s agent office via the PPPC office; and (b) ordered 24,000 literss in the name of the State; and (c) ordered E, under the name of the State, ordered E to transport the event to G oil storage located in Incheon, Seo-gu, Incheon.

In addition, from that to August 30, 2010 to that of August 30, 2010, the Defendant supplied all the amount equivalent to KRW 696,00,00 in the name of (ju) B, the petrochemicals, and the market price of KRW 556,80,00 in the name of (ju) 25 times.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol for H, I, J, and E;

1. Application of the response statutes to a request for delivery, such as notification of the results of requests for samples taken by non-petroleum business entities and details of tax payment;

1. Subparagraph 3 of Article 44 and Article 29 (1) 3 of the former Act on the Punishment of Offenses and Petroleum Substitute Fuel Business (amended by Act No. 10958, Oct. 26, 201) (Article 29 (1) 3)

1. Article 62 (1) of the Criminal Act;