2012 Highest 4836 Violation of the Petroleum and Petroleum Substitute Fuel Business Act

1. Operation of ○○ and gas stations;

Residence Busan Southern-gu

1. 1,000

2. Do Governor, non-permanent office;

Residential Hacheon-si

1. 1,000

3. Class ○○ or a part-time job.

Residential Hacheon-si

1. 1,000

4.00, Duty-free.

Residence Busan Southern-gu

1. 1,000

Park Jong-sung (prosecution) and the pansty (public trial)

Law Firm Good Law Firm, Attorneys Hwang Jong-sung (Defendant ○○, Dok○○)

Attorney Yoon So-young (the defendant Kang-young, the national election for Lee ○, et al.)

November 27, 2012

1. The Defendant ○○○ is punished by imprisonment with prison labor for one year, by imprisonment for one year and six months, and by imprisonment with prison labor for eight months and by a fine of ten million won.

2. If the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

3. Provided, That the execution of the above sentence against the defendant's Gangwon-do for three years from the day on which this judgment became final and conclusive; 4. Ordering the defendant's Gangwon-do to provide community service for 240 hours;

5. Seized evidence Nos. 1 to 6 shall be confiscated from Defendant heading 00, and strong ○○.

Criminal History Office

Defendant 1, Defendant 1, Defendant 1, Defendant 1, Defendant 1, and Defendant 2, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 1, Defendant 1, and Defendant 1, Defendant 2, and Defendant 1, Defendant 1, Defendant 2, and Defendant

No one may store and sell fake petroleum products. Nevertheless, from September 201 to May 15, 2012, the Defendants sold fake transit at approximately 2,500, average per day ( approximately 4,500,000,000,000,000,000) of 1st day to customers using a secret pipeline to keep them in an underground oil station and install a secret pipeline. The Defendants sold fake transit at around 2,50,00,00 per day to the general public for purchase of diesel oil.

Accordingly, the Defendants conspired to sell fake petroleum products.

Summary of Evidence

1. Defendants’ legal statement

1. Police officers and prosecutor's protocol of statement of the gambling file;

1. Protocol and list of seizure;

1. Judgment on issues, such as investigation reports, etc. (Evidence No. 3, 11, 12, and 15 submitted by the prosecutor) (the quantity of fake transit sold);

1. Defendant 1’s assertion

The Defendants purchased 40,00 L from fake transit around September 201, and sold it on September 201 and May 2, 2012, and there is no marking of approximately 2,500 L per day average from September 201 to May 15, 201.

2. Determination

First, in full view of the evidence submitted by the prosecutor and the following circumstances, the fact that the defendants conspired to purchase enormous amount of oil and then manufactured fake fuel can be recognized.

In full view of the following circumstances, contrary to the allegations by the Defendant, the Defendants continued to sell fake transit only on September 201 and May 2012, 201, and contrary to the allegations by the Defendants, the fact that the Defendants sold fake transit continuously during the period specified in the facts constituting the crime.

Finally, in full view of the circumstances described below, it can be recognized that the volume of fake transit sold by the Defendants during the above period exceeds approximately KRW 2,500 per day average of the facts constituting the crime.

① From October 201 to October 201, 201, Defendant ○○○○ and Kang○○ claimed that the purchase of heavy volume of 5,256,450 L, etc. was not reported, and that such purchase was not sold as a light oil. Defendant ○○ and Kang○ claimed that the purchase of 5,256,450 L, etc. was sold on a vehicle with one ton home play.

- However, in light of the fact that the defendant Kang ○○ decided to submit the vehicle number, driver's personal information, telephone number, etc. of the vehicle play in the investigative agency but failed to submit it, light oil 5,256,450 L is the enormous quantity of 1 ton tank 5,256 (one ton tank 13.3 each day for 13 months) and that it is deemed impossible to sell home play articles 3 to 4 (Evidence 467 of the evidence record) as stated by the defendant Kang ○○○, and the defendant Kang Don stated that the investigative agency stated that he did not sell oil only once a ton tank."

② Of the oil tanks installed in 00 gas stations, the tank Nos. 1 and 8 was reported for the purpose of storage of oil, and the Defendant Gangnam ○○ also stated that the investigative agency stored the oil in the tank No. 8. However, even though the Defendant ○○○ and Do○○ purchased a large amount of oil, it was not found at the time of seizure. Rather, in the tank Nos. 1 and 8 at the time of search, there was a combination of oil and luxable oil.

③ Defendant head of 00 and 00 asserts that the 20,000 foot transit was purchased over two occasions and was divided into one and eight tanks. However, Defendant head of ○○○ and Do○○○ would not have any reason to keep it on the eight tank connected to the non-use of the fake transit if the purchase of the fake transit was made. In addition, if the purchase of the fake transit was made by dividing two parts, it is difficult to explain the reason why the constituent elements of the fake transit confiscated in the tank Nos. 1 and 8 are consistent.

(4) Defendant Lee ○○ stated that he was able to stop the vehicle with a main abandonment installed on December 2, 2011 or on March 3, 2012. Defendant Lee ○○○ stated that he was able to receive the vehicle only at the front two parts (which means the passage on which a main abandonment was installed on April and five occasions) even if he was bad because he was pushed by Accentate, and that he was able to receive the vehicle at the front two parts (which means the passage on which a main abandonment was installed). Defendant Kang○ stated that he was harming the normal transit for articles that Defendant Lee○○ stated that he did not come to know well at the investigative agency. In full view of other statements made by the police, etc., Defendant Lee○○ and Kang○○ stated that he was harmful to the normal transit for articles that Defendant Lee○ made that he sold the vehicle via a conspiracy on September 20 and December 5, 2011, it is difficult to accept the Defendants’ assertion that he had continued to recognize the fact of the vehicle other than Accent during the last period.

⑤ From September 201 to March 2012, Defendant ○○○ and Gangwon○ purchased from around March 201 to around March 201, the total sum of 1,167,500 L (Evidence Nos. 192) used in the manufacture of fake transit exceeds 1,167,50 L (Evidence Nos. 192). If the transit and 7:3/7,500 L of base base oil mixed in the proportion of 7:3,00,00, the number of base oil produced by the Defendants during the same period reaches approximately 1,667,857 L (the number of base oil manufactured by the Defendants can be sold at least approximately 6,00 L per day for nine months). However, the number of base oil remaining at the time of search and seizure on May 15, 2012 is not 10,000 L.

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act; Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant ○○○, Gangwon○, and Gangwon○: Selection of imprisonment with prison labor

B. Defendant Lee ○-○: Selection of fine

1. Invitation of a workhouse;

Defendant ○○: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Gangnam ○: Article 62(1) of the Criminal Act (Special Considerations favorable to the sentencing reasons below)

1. Social service order;

Defendant Gangnam ○: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant ○○○ and Kang○○: both punishments under Article 48(1)1 of the Criminal Act are due [ normal conditions favorable to the Defendant]

○○○○○○ has no previous convictions.

○○ Defendant’s lecture does not constitute a criminal offense beyond a suspended sentence.

○○○○○ and Gangwon○ are punished for a mother-and-child relationship.

○ Defendant 00 worked as an employee who received monthly salary, and the first offender.

○○○ also is merely an employee, and there is no record of the same kind of crime (the circumstances unfavorable to the Defendant)

The crime of this case by the Defendants is not only to have the intent of the Petroleum and Petroleum Substitute Fuel Business Act to protect consumers by securing the proper quality of petroleum products and securing order in distribution, but also to cause various social and economic harm, such as environmental pollution and tax evasion, etc. caused by harmful exhaust gas, and thus, it cannot be punished strictly.

The crime of this case committed by the Defendants is very unusual and bad to manufacture a huge quantity of fake petroleum while operating a gas station, and to sell it by deceiving customers who intend to share normal transit through a secret pipe, double valves, ricons, etc. using secret pipes, double valves, etc.

The head of ○○○ was a criminal record who was sentenced to a suspended sentence for the same kind of crime, and the head of ○○ committed the instant crime again even though he had been sentenced to a fine on March 201, by committing the same crime at the same place, even though he was sentenced to a fine on March

Even after the crime of this case, it does not seem that there is any degree of reflection even after the crime of this case, such as: (a) the defendant head of 00 and the strongO, claiming that a ton home play sold a light oil exceeding 5 million tons on the vehicle; and (b) the defendant tried to gather punishment by charging responsibility to each other.

○ Defendant Gangwon-○ is not easy to take part in the crime.

○○○ Crimes during the period of suspension of execution.

In light of the aforementioned circumstances and the motive, means, and result of the commission of the crime, the defendants' age, environment, criminal records, family relations, and circumstances after the commission of the crime shall be determined in accordance with the order.

Judges Spool