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(영문) 대구지방법원 2013.03.28 2012고단8545

석유및석유대체연료사업법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

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

From March 9, 2012 to June 27, 2012, the Defendants were willing to receive 48,000 won per two copies and sell fake petroleum products in an unspecified passenger vehicle mixed with Toluene and Mean, a petrochemicals, in an unspecified passenger vehicle, at the new store located in Daegu Dong-gu, Daegu.

Defendant

B around 15:40 on April 12, 2012, at the above location, stored 57 fake petroleum products mixed with Toluene and mertans, a petrochemicals. Defendant A and Defendant B stored 30 fake petroleum products in the solvents, a petroleum product, in the above location on June 27, 2012.

Accordingly, the Defendants conspired to keep fake petroleum products.

Summary of Evidence

【Defendant A】

1. Defendant A’s legal statement

1. Statement of results of the analysis of samples;

1. Sovereign photographs of June 27, 2012;

1. The list of seized articles;

1. A protocol of seizure and a list of seizure as of August 7, 2012 (with respect to Defendant B)

1. Defendant B’s partial statement

1. Partial statement of the witness A;

1. Some statements made by the Defendants in the interrogation protocol of the prosecution concerning the Defendants

1. A report on test results analysis and a result of test analysis;

1. Sovereign photographs;

1. Details of currency;

1. The list of seized articles;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 44 Subparag. 3 and Article 29(1)1 of the Act on Business of Petroleum and Petroleum Substitute Fuel; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 44 Subparag. 3 and Article 29(1)1 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 11234, Jan. 26, 2012); Article 30 of the Criminal Act (storage of fake petroleum products on April 12, 2012); Articles 44 Subparag. 3 and 29(1)1 of the Act on Business of Petroleum and Petroleum Substitute Fuel; Article 30 of the Criminal Act on December 2012.