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(영문) 수원지방법원 안산지원 2013.07.09 2013고단1163
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, from around July 20, 200 to around 300 in Pyeongtaek-si B land, installed 6 storage tanks, such as 1 gasoline storage tank, 4 oil storage tank, 1 oil storage tank, such as gasoline storage tank 1, and gasoline, 6, 5, 5, 14, 14, and 20, respectively, and operates a gas station with the trade name of “C gas station”.

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

The Defendant, from January 7, 2013 to the 18th day of the same month, made a mixture of 40% of the transit and 60% of the fuel oil in the storage tank No. 12 connected to the alcoholic beverage at the above gas station, and made a mixture of them by inserting 40% of the transit and 60% of the oil, thereby selling the above fake petroleum products at KRW 15,931 liter per liter, and kept 4,600 liter for the purpose of selling fake petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Notification of the results of selection tests, notification of the results of quality inspections of petroleum products and the results of quality inspections;

1. Each daily closing report;

1. Police seizure records;

1. Site photographs of a gas station;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 121 pages);

1. Article 44 of the relevant Act on criminal facts and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (storage and selling fake petroleum products, and choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will and there is no criminal record for the same kind of crime exceeding the fine);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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