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(영문) 인천지방법원 부천지원 2013.05.08 2013고단601
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a D gas station in Kimpo-si C.

In spite of the fact that anyone is prohibited from manufacturing and selling fake petroleum products or installing, remodeling and using business facilities for the purpose of manufacturing fake petroleum products, etc., the Defendant, on January 1, 2013, installed on the floor of the pole a distribution terminal valve which is capable of arbitrarily controlling the transit and light oil by connecting it to the floor of the amusement facility, such as oil storage tank connected to the above oil station for the purpose of manufacturing and selling fake petroleum products at the oil station.

The Defendant sold 79,073 liters from January 25, 2013 to February 5, 2013, a mixture of light and light oil, manufactured by mixing it with a large number of unspecified drivers from January 25, 2013 to February 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The protocol of seizure, the protocol of seizure and the respective list of seizure;

1. Spatial photographs of on-site crackdowns, valves for distribution, and illegal pipes photographs;

1. Application of Acts and subordinate statutes known as a result of the primary selection test of petroleum products;

1. Articles 44 subparagraph 3, 29 (1) 1 (a point of sale of fake petroleum products), and 44 subparagraph 6, and 39 (1) 1 (a point of installation and alteration of business facilities for manufacturing fake petroleum products) of the relevant Act on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. In light of the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act to secure the distribution order of petroleum products under Article 62(1) of the Criminal Act and to protect national health and the environment, the Defendant is not guilty of the Defendant’s liability, and the quantity of pseudo petroleum distributed by the Defendant is considerable.

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