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(영문) 창원지방법원 2012.12.26 2012고단3610
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No one shall manufacture, import, store, transport, keep or sell pseudo petroleum products by mixing petroleum products or petrochemicals.

Nevertheless, the Defendant decided to sell pseudo Petroleum Products after leasing around August 28, 201, with knowledge that there is a pseudo Petroleum Storage tank in the Dju-gun's oil station operated by the Defendant in Ulsan-si, Ulsan-si.

1. On December 31, 201, the Defendant manufactured and stored pseudo petroleum by mixing 40% (1,685 won per liter) light oil (1,400 won per liter) from 2 tanks among four underground oil storage tanks in the oil station around December 31, 201, and found the oil station, and sold pseudo petroleum equivalent to KRW 1,685 won per liter a day to customers from around January 20, 201, by selling pseudo petroleum equivalent to an average of KRW 5,000 per liter (1,100,000 won per liter) to many unspecified customers, and selling pseudo petroleum to customers from around January 20, 2012, including selling pseudo petroleum equivalent to an average of KRW 5,000 per day.

2. On February 16, 2012, the Defendant: (a) stored pseudo petroleum manufactured in the pseudo petroleum storage tank and sold pseudo petroleum products manufactured in the pseudo petroleum storage tank; and (b) sold pseudo petroleum products mixed with approximately 70% of pseudo petroleum products produced in an unspecified number of customers, discovered in order to store 4,00 liters oil for heating in the 4 tank; and (c) sold pseudo petroleum products mixed with 70% of pseudo petroleum products produced in a pseudo petroleum storage tank, which were stored in the pseudo petroleum storage tank around February 16, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Forwarding the results of quality inspections of petroleum products;

1. Application of the Acts and subordinate statutes (No. 31)

1. Article 44 subparagraph 3 of the Act applicable to facts constituting an offense and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 11234, Jan. 26, 2012);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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