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(영문) 서울북부지방법원 2014.05.27 2013고단2187

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells fake gasoline, which is a pseudo petroleum product, using pseudo petroleum products using pseudo petroleum vehicles located in Gyeyang-gu, Gyeyang-gu, Gyeonggi-do.

No person shall sell, use, store, transport, or store pseudo petroleum products with knowledge that such products are pseudo petroleum products.

Nevertheless, from August 21, 2012 to July 15:10, 2013, the Defendant received 28,000 won per 1 copy and sold pseudo petroleum products, which combine Toluene, Methal, etc., to an unspecified number of unspecified persons, and sold 2,640 times total operating periods, and stored 3 times of fake for sales purposes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Requesting the inspection of ingredients of pseudo petroleum products;

1. Transmission of test and analysis results;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 44 of the relevant Act on criminal facts and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum Substitute Fuel Business Act as to the option of petroleum and punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

It is necessary to eradicate the social harm and danger caused by the production and distribution of fake petroleum products for the reason of sentencing. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances revealed in the arguments in the instant case, including the amount of fake petroleum products sold by the Defendant, which have been punished for the same kind of crime in 2012, the age, character and conduct, environment, the background leading to the instant accident, and the circumstances after the crime.