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(영문) 대구지방법원 2013.07.25 2013고단3322
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

From early November 2012 to March 20, 2013, the Defendant: (a) installed a container in a factory yard located in Pyeongtaekcheon-si B; and (b) kept considerable of 17 liters of fake petroleum in the name of “C”, which is a petrochemicals, and stored considerable of 60 liter of fake petroleum which is a petrochemicals, and (c) kept and sold fake petroleum products by taking 20,000 won per single cans to an unspecified number of motor vehicle drivers who found the place, and using the main organic oil, by storing the said fake petroleum to a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on investigation (in relation to attachment of photographs, such as a field, a main or abandoned petroleum, an empty can, etc.) and a photograph attached thereto;

1. Application of the statutes sent as a result of inspection;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been sentenced to a fine once for the same kind of crime, committed the crime in this case. However, the defendant has committed the crime in this case even though he was sentenced to a fine, the defendant has committed the crime in this case, and there is no criminal conviction or more than the suspended sentence, and the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered as the order of punishment.

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