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(영문) 부산지방법원 동부지원 2012.10.12 2012고단2917
석유및석유대체연료사업법위반
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 2,500,000.

B. The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

1. At around 11:30 on May 30, 2012, the Defendants conspired to sell 17 liters purchased from the Plaintiff’s non-titled names (Intermediate wholesalers) to D KRW 25,000.

Accordingly, the Defendants conspired to sell fake petroleum products.

2. At around 11:40 on June 22, 2012, Defendant A stored 18 liters, a fake petroleum product, which was manufactured for the purpose of using or allowing to use as fuel for automobiles, in a warehouse adjacent to the Namnam-si E in order to sell 25,00 won of 18 liters, a fake petroleum product, which was manufactured for the purpose of mixing luene and mera, with the solvents, which is a petrochemicals.

Accordingly, the defendant kept fake petroleum products.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the records of seizure, investigation reports (general), investigation reports (Attachment of results of a test analysis), report on internal investigation (Attachment of field photographs);

1. Article applicable to criminal facts;

(a) Criminal facts paragraph (1): Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 29 (1) 1 of the same Act, Article 30 of the Criminal Act

(b) Criminal facts paragraph (2): Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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