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(영문) 수원지방법원 여주지원 2016.01.27 2015고단881
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

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

Nevertheless, on May 7, 2015, the Defendant kept 20,000 L of fake petroleum for the purpose of selling them as a car transit, and sold approximately 5,000 L of 1,245 won per L to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. E statements;

1. Application of Acts and subordinate statutes to know about the results of quality inspections of petroleum products, certificates of collection of test samples, and certificates of registration of petroleum sales business;

1. The facts constituting an offense are the circumstances favorable to the Defendant that the Defendant led to the confession of and reflect on the relevant legal provisions, Article 44 subparag. 3 and Article 29 subparag. 1 of the Petroleum Substitute Fuel Business Act, and Article 29 subparag. 1 of the Act on the Punishment, etc. of Imprisonment.

However, the sale of fake petroleum in the main oil is reasonable because there is considerable harm, such as reliance on consumers who purchase petroleum products and harming the function of automobiles. In light of the fact that the Defendant did not know himself during the suspension period and did not commit the instant crime, a sentence equivalent thereto is inevitable.

The punishment was determined in consideration of the sentencing reasons stipulated in Article 51 of the Criminal Act, such as the quantity of storage and sale of the instant fake petroleum products, the age, sex, environment, etc. of the Defendant.

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