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(영문) 대구지방법원 2013.08.30 2013고단4364
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On May 6, 2013, from around 21:30 to June 21:30, 2013, the Defendant, at a store located in Daegu Suwon-gu B, kept 17 liters mixed with Franchisium and Aelel, for the purpose of selling to many, unspecified persons, and sold approximately KRW 48,00 per day average of KRW 48,00 per day, in a manner harmful to the vehicle of an unspecified large number of customers by moving the said small part, Aelel, and Aelel, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C's certificate;

1. A written confirmation of collection of samples for inspection of distribution and a test report;

1. Each police seizure record and the list of seizure;

1. Application of each statute of control photograph;

1. Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act, comprehensively including the applicable law to facts constituting an offense and the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been sentenced one time to a fine due to the same kind of crime, committed the instant crime, and even if regulating, he/she has to strictly punish the Defendant in that he/she continuously sold fake petroleum products. However, the fact that there is no criminal record more than a suspended sentence, the fact that there is no criminal record than a suspended sentence, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered as the order of punishment.

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