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(영문) 대구지방법원 서부지원 2019.07.10 2018고단227

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall manufacture and sell pseudo petroleum products by mixing petroleum products or petrochemicals with petroleum products or by mixing petrochemicals with other petrochemicals.

The Defendant, along with B and a person in non-name (the “C president”), leased a warehouse and installed similar gasoline manufacturing facilities. The Defendant manufactured pseudo petroleum products by using B and a person in non-name (the “B”) to receive KRW 60,000 per day, and the Defendant loaded pseudo petroleum products in a vehicle to transport them on a container or conspired to see the network around the warehouse.

Accordingly, from around 22:00 on November 8, 2010 to around 23:30 on November 11, 2010, the Defendant, along with B, installed large tanks, three mixed storage facilities, three distribution equipment, and similar gasoline manufacturing facilities, such as electric strawers, which are petroleum products, and petrochemicals, at the rate of 2:1:34,00 liter (17 liter 2,000 liter) with the market price of pseudo petroleum products (34,00 liter 2,00 liter 170 liter 2,000 liter) with the above storage, around 6,80 liter (17 liter 40 liter, 200 liter 170 liter 1740 liter, 201 200 liter 1601 to 300,000 liter 1,200 liter 201.

Accordingly, in collusion with the above B, the Defendant manufactured pseudo petroleum products with a market price of 40 million won or more, and sold pseudo petroleum products with a market price of 20 million won or more.

Summary of Evidence

1. Each prosecutor's interrogation protocol concerning B;

1. Each police interrogation protocol against the accused;

1. The police seizure record and the list of seizure;

1. On-site photographs;

1. Forwarding of test and analysis results;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (No. 7,8,10,12, 13 of the evidence list);

1. Criminal facts;