beta
(영문) 수원지방법원 안양지원 2012.08.29 2012고단821

석유및석유대체연료사업법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall manufacture, import, store or sell pseudo petroleum products, store dangerous substances of more than a designated quantity in a place other than a storage place, or handle dangerous substances of more than a designated quantity in a place other than a factory, etc.

Nevertheless, Defendant A leased a panel-type building located in Heung-gu, Young-si and installed 1,00 to 3,000 water tanks with the capacity of 1,00 to 300 water tanks, 18 to 200 water tanks with the capacity of 10 to 300 water tanks, 3 truck trucks, 5 mother pumps, and planned to take charge of purchasing pseudo petroleum raw materials or manufacturing and selling pseudo petroleum, and Defendant B conspired to take charge of transporting pseudo petroleum raw materials with Defendant A.

From September 201 to June 26, 2012, the Defendants sold approximately 240,000 L of pseudo Petroleum Products totaling approximately KRW 30,00,000 per 18 L of pseudo Petroleum Products, and kept approximately 12,484,484L of pseudo Petroleum and pseudo Petroleum Products remaining after selling pseudo Petroleum Products in the storage tank, etc., in accordance with the share of the aforementioned role, by purchasing at least 1,150 won per 1 L of niben, Toluene, and Mean, Mean, and Mean.

Accordingly, the Defendants conspired to manufacture, sell, and store pseudo petroleum products, and store and handle dangerous substances of more than 200 m2 in a place other than a storage place, or handle them in a place other than a factory, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs (investigative records 25 to 28 pages);

1. Defendants of the relevant law on criminal facts: Article 44 Subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, and Article 35 of the Act on the Safety Control of Hazardous Substances.