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(영문) 창원지방법원 통영지원 2012.09.07 2012고단708
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 16, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Changwon District Court, and the said judgment became final and conclusive on the 24th of the same month.

Although no one is allowed to manufacture, import, store, transport, keep, or sell fake petroleum products, the Defendant, in collusion with D, received from G, an employee of the F station in Changwon-si, who purchased oil, a transfer of a tank lorri vehicle in G operation from G on October 23, 201, and then went back to H of the window in Changwon-si, and then injected 3,000 fake petroleum products mixed with 65% of petroleum products such as petroleum products for motor vehicles into the above tank lorri vehicle.

After that, the Defendant, again, sold fake petroleum to G by driving the said tank glass vehicle into the E Hospital after driving the said tank glass vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning I;

1. Each prosecutor's statement concerning G;

1. Records of seizure and the list of seizure;

1. The expression of the result of test and analysis of appraisal materials;

1. Before judgment: Application of an investigation report (No. 19) and an investigation report (Evidence List No. 22) and an investigation of criminal records (Evidence List No. 22);

1. Article 44 subparagraph 3 of the relevant Act on Criminal Facts and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act that treats concurrent crimes has been punished several times in relation to the manufacture and sale of pseudo petroleum products.

In particular, the Defendant committed the instant crime during the trial period, on the other hand, at the same time, the Defendant, at the time of being tried in relation to the final and conclusive judgment, would not sell pseudo petroleum products again to the full bench.

The punishment shall be determined by taking into account the above circumstances, and the balance between sentencing and sentencing shall be considered together with the final and conclusive judgment rendered by the defendant.

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