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(영문) 대구지방법원 서부지원 2013.11.15 2013고단1205
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

(criminal Power) On January 28, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Daegu District Court, and on February 5, 2010, three times in total the previous departments.

No person shall manufacture, import, store, transport, keep, or sell fake petroleum products (in compliance with criminal facts).

Nevertheless, from May 15, 2013 to May 21, 2013, the Defendant operated a store without trade name in Daegu-gun-gun B from around May 15, 2013, and sold fake petroleum products in which small and medium-sized petroleum products in mixture of small and medium-sized petroleum products are 17 liters to unspecified drivers who wish to oil.

Accordingly, the Defendant sold fake petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Test reports;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration, such as the fact that the crime was committed again even if it is possible to force the same kind of force, but the crime was not committed again, but the mistake is divided, and the spouse's health is deemed not good);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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