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(영문) 대전지방법원 2018.03.28 2017고단4629
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Suwon Methods Board on August 12, 2016, and on August 20, 2016, the suspended sentence becomes final and conclusive on August 20, 2016.

[Criminal facts] The Defendant is a driver of a tank B-ro vehicle.

On June 25, 2015, the Defendant: (a) received instructions from C at the oil pipeline stations in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-dong 80, and transported 20,000 literss of the normal petroleum products necessary for the manufacture of fake petroleum products to the tank E storage facilities in the south-gu, the Defendant used them on the vehicle in the tank; (b) from June 25, 2015 to October 15, 2015, the Defendant transported 39 times in total, as indicated in the list of crimes, the normal petroleum products (act) necessary for the manufacture of fake petroleum products (act) 908,000 liters, as indicated in the list of crimes.

In addition, from June 25, 2015 to October 15, 2015, the Defendant: (a) driven the above tank E repository and G repository located in Ansan City F with C’s instructions; and (b) transported the “HLBD”, a petroleum product to be used as a raw material for fake petroleum products, by driving the said tank in accordance with C’s instructions; (c) ten gas stations nationwide, such as I oil stations located in Daejeon P, and transported 2,560,000 liters a total of 80 literss per time, in total.

Accordingly, the Defendant transported petroleum products for the purpose of manufacturing and using them as fake petroleum products.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to J, C, and K;

1. Each investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), reporting on investigation (the period of the previous crime, accomplice, method, etc.) to Acts and subordinate statutes;

1. Article 44 subparag. 3 of the Act on Criminal Facts and Article 44 and Article 29 subparag. 3 (1) of the Petroleum Substitute Fuel Business Act (the point of transporting fake petroleum products) of the same Act and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.

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