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(영문) 수원지방법원 2013.11.20 2013고단3859

석유및석유대체연료사업법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 28, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Suwon District Court Support on February 28, 2012, and the judgment became final and conclusive on June 5, 2012, and on May 24, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime with prison labor for the Suwon District Court’s female branch, and the judgment became final and conclusive on August 30, 2013.

Defendant

On March 2012, D and E conspired to sell petroleum products, petrochemicals, alternative fuel, carbon and hydrogen with a view to manufacturing and using them as pseudo petroleum products.

Around March 19, 2012, the Defendant, along with D and E, set up a warehouse to lease a warehouse to store substances necessary for manufacturing pseudo petroleum in F at Ansan-si, and leased the above warehouse in the name of the Defendant on March 21, 2012. From March 24, 2012 to March 27, 2012, the Defendant and D transported the water tank, low-proof, and tamp, etc. necessary for manufacturing pseudo petroleum, to a warehouse located in Ansan-si, where the Defendant and D around March 24, 2012 were controlled due to suspicion of selling pseudo petroleum, around December 201, 201.

On March 28, 2012, around 22:00, the Defendant purchased the petrochemicals amounting to KRW 5,000 L, Toluene 2,000 L, and KRW 30,000 from KRW 8 million for the purpose of having D and E manufacture and use pseudo petroleum products from non-defluences in the name of the agricultural cooperative, located in Asan City, and stored in the warehouse. The Defendant purchased KRW 5,000 L, which is a petrochemicals, for the purpose of having D and E manufacture and use pseudo petroleum products with KRW 8,00,000 and transported H4.5 tons truck to the warehouse located in Asan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Copy of each police interrogation protocol of E or D;

1. Copy of the statement made to I by the police;

1. In the event that an investigation report (Attachment of case records) is accompanied by a copy of each case sent, a copy of the statement of opinion, a copy of the statement of opinion, a copy of arrest of a flagrant offender, a copy of each letter of arrest of a flagrant offender, a copy of each seizure protocol, a copy of each seizure site and photograph of seized articles, a copy of the confirmation of collection of samples for quality inspection