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(영문) 대구지방법원 2013.12.19 2013고단5799
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall sell light oil, secondary fuel oil, bio-fuel oil, bio-carbon, solvents, lub oil, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, the Defendant, while carrying a light oil on his/her own C vehicle, has been paid a light oil on March 7, 2013 by receiving KRW 1,300 per liter from the driver who was in default of the name of the F Freight Vehicle in front of the E-ray in Busan Metropolitan City on March 7, 2013, when he/she was carrying the light oil from the driver who was in default of the name of the F Freight Vehicle in front of the E-ray.

8. At around 15:00, around 15:00, the H Cargo garage located G was charged with light oil of KRW 100,000 with the I Truck driver J. 80 liters.

As a result, the Defendant sold light oil which could not be sold for automobile fuel for automobile fuel.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect to the K;

1. Statement of the police statement to J;

1. A written statements on the preparation of L;

1. Forwarding of inspection results;

1. A report on an investigative intelligence;

1. Application of Acts and subordinate statutes to a report on internal investigation (in respect of the verification of the site of injecting fake oil or oil, attaching a vehicle inquiry);

1. Article 46 of the relevant Act on criminal facts and Article 46 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Article 39 (1) 7 of the same Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been sentenced two times to a fine due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act; (b) the Defendant committed the instant crime; (c) there is no record of criminal punishment exceeding the fine; (d) the Defendant must support the Defendant’s family and the Defendant’s family; and (e) the motive, background, means and method of the instant crime; (e) the circumstances before and after the instant crime was committed; and (e) the Defendant’s age, character and behavior, career, and environment as shown in the instant argument

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