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(영문) 창원지방법원 2015.02.06 2014고단2308

석유및석유대체연료사업법위반등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[2014 Highest 2308] Defendant A

1. The Defendant in violation of the Petroleum and Petroleum Substitute Fuel Business Act is a person who actually operates an oil station located in D in Jeonyang-nam, and F is a driver of the foregoing oil station in the tank of the oil station.

No one shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuel, materials containing hydrogen and hydrogen, in order to have fake petroleum products manufactured or used, and shall manufacture, import, store, transport, keep, or sell fake petroleum products.

Nevertheless, if the Defendant purchased base oil, which is a petroleum product necessary for manufacturing fake petroleum products, from G, a transportation business entity specialized in leaping base oil, he/she conspired with F to manufacture and sell fake oil mixed with light oil.

On or around December 26, 2011, the Defendant: (a) received 6,000 L transfer from G from H tank L to which the front number is unknown on the vehicle behind the above gas station; (b) manufactured 30,000 L of her base oil into the oil station; (c) manufactured 30,000 L of her base oil on the oil storage tank in the above oil station, underground, etc. of the oil station where her base oil is already contained; and (d) sold it to customers from that time to that time.

4. By December, 12, a total of 178,00 L base oil totaling up to 24 times, such as in the annexed list of crimes, was manufactured with a total of 890,000 L of 178,000 L base oil to the oil storage tank above the oil station underground, etc. and sold it.

As a result, the Defendant, in collusion with F, transported and stored lux oil, which is a petroleum product, and manufactured and sold fake petroleum products for the purpose of manufacturing and using them as fake petroleum products.

2. On July 2013, 2013, the Defendant sold pseudo petroleum to I, the representative director of the above station, in the name of the oil station in Busan at the end of that time, when the Defendant: (a) sold pseudo petroleum to I, who was the representative director of the above station in the name of the oil station in Busan around that time; and (b) the Defendant:

B. The suspension of the present execution is already discovered to sell pseudo petroleum.