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(영문) 인천지방법원 2017.05.11 2017고정333

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the actual representative of the “C” of the petroleum seller in the Nam-gu Incheon Metropolitan City.

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

Nevertheless, from July 1, 2016 to August 11, 2016, the Defendant sold fake petroleum products by mixing them with oil and light oil in an unspecified construction vehicle (e.g., caterers, compacts, al.), respectively, with two mobile oil vehicles (E and F) leased by the Defendant at the construction site in Seo-gu Incheon, Seo-gu, Incheon, by loading them respectively.

As a result, the Defendant sold fake petroleum products which combine other petroleum products (such as 70-90%) into diesel transit during the above period, and took unfair benefit of KRW 60 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a written accusation, notice about the results of quality inspections of petroleum products, and test samples;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business and Article 29 (1) 1 and Article 29 (1) 1

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;