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(영문) 서울중앙지방법원 2012.11.2.선고 2012고단4572 판결

석유및석유대체연료사업법위반

Cases

2012dan4572 Violation of the Petroleum and Petroleum Substitute Fuel Business Act

Defendant

Park 00 (00000 - 000000)

Gu Residential City

Gu Head of the District Office

Prosecutor

Kim Tae-tae (Lawsuits of Prosecution), Written Assistance, and Han-chul (Trial)

Defense Counsel

Law Firm Yuwon

Attorney Cho Byung-hoon

Imposition of Judgment

November 2, 2012

Text

A defendant shall be punished by imprisonment for two years.

The evidence of heading 2479 of the Seoul Central District Prosecutors' Office, which was seized, shall be confiscated in each of subparagraphs 12 through 16 of the above 2012.

Reasons

Criminal facts

1. The position and role of the parties* The person operating a solvents, Inc., 00 C, 000 C, 000 C, 000, * * The person who pretends to sell solvents to a disguised company by means of preparing false tax invoices in the supply of solvents from solvents production company (ju), 00 petroleum industry (ju), 00 C, 00 C, etc., and the person who actually sells solvents to a fake petroleum manufacturer for the purpose of manufacturing fake petroleum.

서00은 용제거래를 위장하는 데 사용할 목적으로 구00 등으로부터 건네받은 용제 위장거래업체인 00 산업, ( 주 ) 000에너지, 00산업, 00 산업, 00화학, 00 산업, 00화학, 00네 트웍스, 00화학의 각 사업자등록증, 사업자 통장 등을 위 박 * * 에게 전달하고, 위 박 * *의 지시에 따라 가짜석유 제조용 용제의 주문, 운반, 판매 및 판매대금 수금 등의 실무를 총괄하는 사람이다 .

Kim 00, in accordance with the direction of the above letter 00, hires Park MaMa Ma, 00, and Kim 00 as a tank transport engineer and takes charge of the business of transporting solvents *, etc. to fake petroleum manufacturers for the purpose of manufacturing fake petroleum.

The old 00 established the 00 industry, (ju), 000 energy, 00 industry, 00, 00 industry, 00 chemical, and 00 industry, which is a disguised trader, and delivered the business registration certificate, etc. to **** after being supplied with solvents in the name of the disguised trader such as the above 00 industry, etc.** resells or O00, etc., for fake petroleum manufacturers.

피고인 박00은 탁00과 함께 용제 위장거래업체인 00화학, 00네트웍스, 00화학을 이00 등 명의로 개설하여 그 사업자등록증 등을 위 서00을 통하여 위 박 * * 에게 전달한 후, 위 박 * * 으로부터 용제를 공급받아 위 서00, 탁00, 노00, 박00 등과 함께 가짜석유 제품을 제조 · 판매하면서 그 판매 및 수금 내역 관리 등 경리업무, 제조공장 관리 등을 총괄하는 사람이다 .

** A person who takes charge of reporting false solvents distribution details to 00 Petroleum Quality Management Agency in accordance with the above order of 00.

탁00은 피고인과 함께 용제 위장거래업체인 00화학, 00네트웍스, 00화학을 이00 등 명의로 개설하여 그 사업자등록증 등을 위 서00을 통하여 위 박 * * 에게 전달한 후, 위박 * * 으로부터 용제를 공급받아위 서00, 피고인, 노00, 박00 등과 함께 가짜석유제품을 제조 · 판매하면서 가짜석유제품 배달, 판매대금 수금 등의 업무를 담당하는 사람이다 .

No. 00 is a person in charge of the transportation of raw materials, such as solvents, and delivery of fake petroleum products, while manufacturing and selling fake petroleum products, together with the above letter 00, the defendant, 00, 00, 00, etc.

Park 00 is a person in charge of manufacturing, delivering, receiving, managing a fake petroleum product, etc. while manufacturing and selling fake petroleum products, together with the above 00, Defendant, 00, Nom00, and so on from the beginning of July 2012.

2. The part concerning the distribution of solvents for the purpose of manufacturing fake oil

No person shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuel, or materials containing carbon and hydrogen in order to have them manufacture fake petroleum products or use them as fake petroleum products.

The Defendant shared the above role as well as KRW 6,262,00, 100, 200, 200, 200, 200, 200, 300, 200, 200, and 300, and decided in sequence to distribute fake petroleum products as raw materials. On July 201, 201, the Defendant pretended to be supplied with solvents 00, 128, from around 00, 128, 200, from the time to June 1, 201, sold fake petroleum manufacturers, including Daegu Dongdong-gu, and sold solvents 6,262,00,00 in total, from time to June 20, 201, to June 1, 201.

Accordingly, the Defendant transported and sold solvents, which are petroleum products, for the purpose of manufacturing and using them as fake milk in collusion with *, 00, Ma00, Ma00, Ma00, **,00, etc.

3. The part concerning the manufacture and sale of fake petroleum

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

Around June 201, the Defendant, along with the above 00, 00, 00, and No. 100, sold fake products, and then decided to divide profits therefrom. On July 201, the Defendant sold fake petroleum products in the same manner until August 15, 201, by mixing them with approximately KRW 1,00,00,00 or KRW 1,10,00,000 from retail stores using subdivisions, compacts, etc., at one location: (a) around July 201, the Defendant sold fake petroleum products in the same manner; (b) around 5:3:0,00 through 1,10,00 won per liter to retail stores; and (c) sold fake petroleum products in the same manner until August 15, 2012.

As a result, the Defendant manufactured and sold fake petroleum products in collusion with 00, 00, 00, 00, 00, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police's protocol of interrogation of each police officer's suspect about 00, MaMaMaMa MaMa MaMa, 00, 00, MaMa 00, MaMa 1. Kim00, and Ma 00

1. Each report on investigation;

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

1. Confirmation of collection of samples for quality inspection, notification of the results of the quality inspection of petroleum products (influence), results of testing and analysis, results of inspection of the detailed industry, analysis of the current status of sales of solvents, the current status of sales of solvents, the status of providing information on the connection between fake petroleum illegal distribution organizations, and results of testing and analysis;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 44 Subparag. 3, Article 29(1)1 and 3 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (Selection of Imprisonment with Labor)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

In light of the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act in order to protect consumers and protect public health and the environment from harmful exhaust gases, etc. caused by pseudo petroleum products by securing distribution order of petroleum products with reasons for sentencing under Article 48(1)1 of the Criminal Act, each of the crimes of this case is very serious. The defendant appears to play a key role in the crime of this case, such as creating a disguised trader's boom and managing the manufacturing process and sales revenue details while he recruits and sells fake petroleum products; the volume of solvents and petroleum products manufactured and sold together with his accomplices are not only enormous, but also systematically and systematically committing crimes; the defendant was extremely poor in the form and method of the crime; the defendant was sentenced to imprisonment with prison labor for the violation of the Petroleum and Petroleum Substitute Fuel Business Act and the Punishment of Tax Evaders Act on January 21, 2009; and each of the crimes of this case committed again with the same kind of crime, each of the defendant's parents, who committed the crime of this case, were sentenced to imprisonment with prison labor for more than two years.

Judges

Judges Anti-Mao