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(영문) 전주지방법원 군산지원 2019.10.23 2019고단1007
석유및석유대체연료사업법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall manufacture and sell fake petroleum products that combine other petroleum products with a petroleum product.

From April 6, 2017, the Defendant: (a) was operating C gas stations in Dasan-si B; (b) around May 2018, the Defendant: (c) moved oil 2,300 liters, which was stored in the gas station in order to repair the oil storage tank; and (d) the Defendant’s wife who was unaware of the fact thereafter stored in the oil tank 8,000 liters when he/she purchased it in an additional mixture of 8,000 liters when he/she purchased it, and the Defendant was ordered from E on November 20, 2018 to sell petroleum mixed with light oil, but he/she was aware that it was in excess of 5,000 liters when he/she was transferred from E to the above oil tank in order to sell it.

On November 24, 2018, the Defendant sold the above fake petroleum products as if they were a single transit product, which had been loaded with a mobile-sale vehicle at a place of business located in Jung-gu, Jung-si. On November 27, 2018, and subsequently, on November 27, 2018, the aforementioned gas station added a total of 4,400 liters petroleum products to the 300 liter of petroleum products, mixed with an additional mixture of 100 liters and light oil with 4,000 liters, and sold them at the said E-site.

Accordingly, the Defendant manufactured and sold fake petroleum products respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each investigation report (the search and investigation of the gas station of the same type of business, the E chief testimony and requisition of a witness, the verification of the authenticity of a statement by the counter-party suspect of the I Corporation Team, and the date of crime (specific circumstances of November 27, 11.24), control site photographs, accusation documents, petroleum products quality and distribution inspection;

1. Criminal facts;

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