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(영문) 대구지방법원 2013.04.25 2012고단8615
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six 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 of "2012 Highest 8615" shall manufacture, import, store, transport, keep, or sell fake petroleum products.

Nevertheless, the Defendant, from July 2, 2012 to July 2, 2011 of the same year, found at the C retail store located in Daegu Dong-gu, Daegu from around July 2, 2012, sold fake petroleum products in a manner that combines petroleum products with Toluene and Mean into 17 liters, and sells fake petroleum products with 45,000 to 48,000 won per Article, and sells fake petroleum products in a manner that is harmful to himself/herself, and 10 copies around July 5, 2012;

8.14.Flag: 6.Flag; and

9.5.Rabs 10 copies, for the same year.

9. 8.No. 15 copies around August and 3 copies around July of the same year respectively for the purpose of sale.

On November 11, 2012, the Defendant sold pseudo petroleum products worth KRW 147,00 per day average of KRW 3 trillion by mixing it with one set of small pseudo petroleum retail store in Daegu-gu, Daegu-gu, Daegu-gu, and selling pseudo petroleum products with the market value of KRW 147,000 per group by mixing it with one set of 1 and 1 copy (17 liter) which is petrochemicals, and 49,000 per group of petroleum products.

As above, the Defendant sold pseudo petroleum products from around October 2012 to November 11, 2012.

Summary of Evidence

"2012 Highest 8615"

1. Defendant's legal statement;

1. Each protocol of seizure;

1. All on-site photographs and control photographs;

1. The results of sample analysis and the results of each test and analysis "2012 Highest 881";

1. Defendant's legal statement;

1. Seizure records;

1. On-site photographs;

1. Application of the Acts and subordinate statutes as a result of test;

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Article 44 and Article 29 (1) of the Petroleum and Petroleum Substitute Fuel Business Act, the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the confession of a criminal act and the absence of any other means of punishment for the same crime).

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