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(영문) 인천지방법원 2018.11.29 2018고단926

석유및석유대체연료사업법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 926]

1. No person shall store, transport or store any similar petroleum product with the knowledge that it is a similar petroleum product;

Nevertheless, the Defendant, around April 25, 201, around 13:20 on the roads of Yeonsu-gu Incheon Metropolitan City apartment B apartment house C, Yeonsu-gu, Incheon, 201, is a similar petroleum product 20L foot.

17 copies were stored for the purpose of sale.

[2018 Highest 1500]

2. No person shall manufacture, import or sell similar petroleum products or store, transport, store or use such products with the knowledge that such products are similar petroleum products;

Nevertheless, on November 2, 2010, the Defendant stored and sold a similar petroleum product with a total of 13,025 tons from March 16, 201, including: (a) around 201, the Defendant: (b) stored similar petroleum products manufactured by mixing a petrochemicals (Toluene, etc.) with approximately 25% and approximately 31% of Meethyl alcohol on the vehicle in front of the E restaurant located in Nam-gu Incheon Metropolitan City, Nam-gu; and (c) sold the same petroleum product to many unspecified customers at the price from March 16, 201, including: (a) selling the same product at the price between 21,000 won and 27,000 won per 20 square meter; and (b) stored and sold a similar petroleum product with a total of 13,025 tons, as indicated in the attached list of crimes.

Summary of Evidence

[2018 Highest 926]

1. A protocol concerning the examination of the police officers of the accused;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Distribution name cards and field photographs;

1. Transmission of the result of a request for collection of samples from non-petroleum business entities;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each protocol on the examination of a police officer in relation to G, H, I, J, K, L, M, N,O, P, and Q;

1. Each police statement made to R, S, J, and I;

1. Each protocol of seizure and each list of seizure;

1. On-site control photographs, copies of the place of business, a statement of transactions, and a statement of information about the results of request for samples from non-petroleum business entities for collection of samples, a statement of ordinary deposits, a statement of transactions in Q Q name, and a statement of transactions in P name;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 44 Subparag. 3 and Article 29 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 10958, Jul. 25, 201) regarding criminal facts and the option of punishment.