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(영문) 대구지방법원 서부지원 2013.05.31 2013고단401

석유및석유대체연료사업법위반

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Although no one is allowed to manufacture, import, store, transport, keep, or sell fake petroleum products, the Defendant sold and stored fake petroleum products as follows:

1. From March 7, 2013 to March 15:45, 2013, the Defendant: (a) operated a trial store in the Daegu Seo-gu Office B from around March 7, 2013 to around March 11, 2013; (b) sold fake petroleum products with a large amount of 7 percent (7 liters) to unspecified drivers who wish to oil by making a mixture of 17 liters, which are mixed with a smaller and a Aelaccom, as one set of two convers; and (c) received and sold KRW 48,00 to them.

2. On March 11, 2013, around 15:45, the Defendant sold the same at the places indicated in the foregoing paragraph (1) and stored three liters, which are fake petroleum products, remaining after selling them.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A written confirmation of collection of samples for distribution inspection and a test report;

1. Application of each statute on photographs;

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act, the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.