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(영문) 인천지방법원 2013.09.24 2013고단4561

석유및석유대체연료사업법위반

Text

Defendant

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

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a business owner who actually operates a general petroleum retail shop in the name of "G" from Kimpo-si F, and Defendant A is a representative in the name of "G".

No person shall manufacture, import, store, transport, keep in custody or sell fake petroleum products.

Nevertheless, from February 2013 to March 20:0, 2013, Defendant B instructed Defendant A to open valves located in J in J in J in Jincheon-gun in Chungcheongnamcheon-gun, and “J” construction site located in J in Chungcheongnamcheon-gun, and to combine oil and light oil stored in the way of injecting oil by using a main pollutant attached to the vehicle.

Accordingly, Defendant A manufactured and kept approximately 21,00 liter of fake petroleum products, which combines oil and light oil by opening valves installed at the construction site of the above “I gas station” and “J”, or by injecting them into the vehicle using a main organic substance attached to the vehicle, and sold approximately KRW 21,00 liter of the above fake petroleum products in the market price of KRW 35,910,000 at (ju) L.

Accordingly, the Defendants conspired to manufacture, keep, and sell fake petroleum products.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement of M;

1. Notification of the result of quality inspection of petroleum products, verification of extraction of samples, confirmation certificate, business registration certificate and report certificate on petroleum selling business;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of B tax invoices to be submitted by suspects), investigation reports (report on filing of detailed lists of transactions);

1. The Defendants: Article 44 Subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Articles 29 (1) 1 of the same Act and Article 30 of the Criminal Act;

1. Defendants of suspended execution: The Defendants are led to crimes under Article 62(1) of the Criminal Act, the fact that they sold fake petroleum products only to L companies, and the amount of sales and purchases.