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(영문) 대구지방법원 2013.06.28 2013고단3219
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four 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

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

On April 2, 2013, at around 17:45, the Defendant installed approximately 10 square meters in the Daegu Suwon-gu B, Daegu, and installed facilities, such as divers and lives, and kept four copies of the steel mills, which combineed small and medium fake products with Eelel, for the purpose of selling them to many and unspecified persons.

2. The Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require his/her public official to enter the office or place of business (including vehicles used for business) of a person deemed necessary to verify whether he/she violates an obligation to manufacture, import, store, keep, or prohibit the sale of fake petroleum products and collect samples from such person, and no person shall refuse, obstruct, or evade the collection of samples from such public official

Nevertheless, the Defendant refused and interfered with the collection of samples by three persons, such as Daegu Viewing C and public officials D, who are the causes of the fake petroleum products control group, in order to refuse to affix seals and to collect samples for about 15 minutes prior to the control vehicle to verify the violation of the duty to keep fake petroleum products in compliance with the regulation of defects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

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

1. Application of Acts and subordinate statutes to investigate reports (fields), accusations against a seller of long-distance petroleum, and enforcement of such Acts and subordinate statutes in controlling situation photographs;

1. Article 44 of the relevant Act on criminal facts, subparagraph 3 of Article 44, Article 29 (1) 1 (a point of keeping fake petroleum products) of the Petroleum and Petroleum Substitute Fuel Business Act, subparagraph 9 of Article 46, Article 38 (1) of the Petroleum and Petroleum Substitute Fuel Business Act, and the choice of imprisonment with labor;

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

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