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(영문) 대구지방법원 경주지원 2013.06.12 2013고단164

석유및석유대체연료사업법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

No one shall manufacture and sell fake petroleum products.

Nevertheless, Defendant A performed overall control over the supply and demand of fake petroleum materials and the manufacture of fake petroleum products, and Defendant B conspired to manufacture and sell fake petroleum products by sharing the roles of Defendant A and manufacturing fake petroleum products with Defendant A.

From July 23, 2012 to August 22, 2012, from around 22:00 to around 23:00, Defendants installed equipment to manufacture fake petroleum products, such as probat, 1 motor vehicle pumps, 1 motor vehicle pumps, and plastic solvents, and manufactured fake petroleum products at a factory located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, and sold 19,000 won per cans by mixing fake petroleum products with 3: 4 ratio.

As a result, the Defendants conspired to manufacture and sell approximately KRW 50,00 liter's fake petroleum products (or KRW 52,700,000 at the market price) during the business period.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Results of test and analysis;

1. Application of the Acts and subordinate statutes of photographs (investigative records No. 35 to 43 pages);

1. Article 44 of the Act applicable to criminal facts, subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act, the choice of imprisonment with prison labor under Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Defendant A: The degree of involvement of the Defendants in the instant crime against the Defendants, the scale, period, and method of the instant crime, and the circumstances after the instant crime, etc. under Article 48(1) of the Criminal Act, shall be determined as ordered by taking into account all the circumstances constituting the sentencing conditions specified in the pleadings of the instant case, such as the degree of involvement in the instant crime, the scale, period, and method of

The crime of this case is a manufacture and sale of fake petroleum products, and the method and method of the crime of this case, and the order of the distribution of petroleum products, thereby protecting consumers.