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(영문) 수원지방법원 2013.10.01 2013고단4766

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

approximately 6,000 litres from seizure fake transit and approximately 9,800 litres from fake transit shall be confiscated.

Reasons

Punishment of the crime

From the end of July 2012, the Defendant was a person who had operated the “D gas station” in Sungsung City Co., Ltd, and no person would manufacture, import, store, transport, keep or sell fake petroleum products, despite the fact that he/she did not manufacture, import, store, transport or sell fake petroleum products:

1. From November 11, 2012 to the 14th day of the same month, purchased fake petroleum products containing oil and salt, etc. from a person who was not the victim of his/her name, and kept them in a storage tank located in the aforementioned D station, and sold approximately KRW 3,398,00 of the market price of fake petroleum products to customers who were found in the storage tank No. 4 connected with the storage tank No. 7, and approximately KRW 2,000 of the market price of fake petroleum products.

2. From January 14, 2013 to June 16, 2013, purchased fake petroleum products 20,000 liters containing oil and salt, etc. from a person who was unaware of his/her name, and kept them in a storage tank located in the aforementioned D gas stations, and sold approximately KRW 17,125,80 of the market price of fake petroleum products to customers who were found in the storage tank 4 and KRW 7.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to E by the police;

1. Investigation record of seizure;

1. Investigation record of seizure by the police;

1. Investigation report (the result of inspection of quality of petroleum products);

1. Application of Acts and subordinate statutes notifying the results of inspection of quality of petroleum products;

1. Article 44 of the Act applicable to facts constituting an offense and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act that choose a penalty;

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

1. The act of selling fake petroleum for the reason of sentencing under Article 48(1) of the Confiscation Criminal Act is an offense that undermines the distribution order of petroleum products and undermines public safety and the environment, and thus requires strict punishment. The defendant has a record of being punished for the same kind of crime, and the defendant is investigated as an offense under Article 48(1) of the Criminal Act.