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(영문) 수원지방법원 2016.06.23 2015고단6260

석유및석유대체연료사업법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

As a person who, from March 28, 2015, operates a gas station located in Suwon-si C, Suwon-si, the Defendant:

1. Any person may not manufacture, import, store, transport, store, sell, etc. fake petroleum products. Around June 8, 2015, at the above gas station, he/she supplied 4,000 L of a fake petroleum product mixing 4,000 L with the transit for the purpose of selling it to an unspecified number of unspecified customers from a person in the name and influence of his/her name to the transit for the purpose of selling it. Around June 8, 2015, he/she stored 102 L of a fake petroleum product mixing 20% of the transit for the above gas station storage tank.

2. Although petroleum refining business entities, etc. are not allowed to sell or deliver petroleum products that failed to pass the quality standards or store, transport, or store for the purpose of sale or delivery as a result of the inspection of petroleum products or quality, etc., they were supplied to unspecified customers with 4,000 L of fake petroleum products mixed with reflect transit and sulfur powder for the purpose of sale from the name and in the place as stated in paragraph (1) above, and kept 306L of the quality unfit products, mixing with sulfur content exceeding the quality standards with those of sulfur content in the storage tank of the above gas station.

As a result, the Defendant kept fake petroleum products and stored them for the purpose of selling them that do not meet the quality standards, thereby violating each petroleum and alternative fuel business.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. Already the results of the quality inspection of petroleum products;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a report on listening to and investigating by telephone from the Southern Headquarters of the Korea Petroleum Institute;

1. Relevant legal provisions concerning criminal facts, Articles 44 subparag. 3, 29 subparag. 1 (the storage of fake petroleum products) of the Petroleum and Petroleum Substitute Fuel Business Act, Articles 45 subparag. 5 and 27 of the Petroleum and Petroleum Substitute Fuel Business Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.