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(영문) 대구지방법원 2020.10.21 2020고단4213
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the duties of oil station, tea, etc. in the "D station" in Daegu Suwon-gu, and Defendant B is a site manager of the above station, who is in charge of inventory management, gas station, delivery, completion of public office education, etc.

No person shall manufacture, import or sell pseudo petroleum products, or store, transport, store or use pseudo petroleum products with the knowledge that such products are pseudo petroleum products.

Nevertheless, at around 19:30 on November 21, 2019, Defendant A made pseudo petroleum products by inserting approximately 400 liters, such as oil, into the storage tank No. 4 of the gas station at the above D gas station, and inserting them in the same manner at around 19:30 on November 29, 2019; Defendant A manufactured pseudo petroleum products by mixing approximately 300 liters, such as oil, into the storage tank No. 5 of the gas station; the Defendants conspired from around 19:30 on November 21, 2019 to around 15:00 on December 15:00, 2019; Defendant A stored pseudo petroleum products in collusion with many unspecified consumers who visited the above gas station at around 11,38 won per liter, 11,864, 164, 16, 47, 2632, and 18.6.

Summary of Evidence

1. Statement of the Defendants’ respective legal statements E

1. Sales volume, all forms confirmation reports, known information on the results of quality inspections of petroleum products, feed gathering certificates, petroleum retail business reporting certificates, copies of sales account books (Evidence Nos. 37), data on details of sales, and reports on the destruction of each report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 44 Subparag. 3 of the relevant Act and Articles 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 30 of the Criminal Act for the option of criminal facts;

1. The suspended sentence under Article 62(1) of the Criminal Act takes into account the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, and various conditions of sentencing as shown in the argument of this case.

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