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(영문) 부산지방법원 2012.09.04 2012고단5392
석유및석유대체연료사업법위반
Text

1. The defendant shall be punished by a fine of four million won;

2. 50,000 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

No person shall store or sell fake petroleum products.

Nevertheless, from April 2012 to May 15, 2012, the Defendant: (a) sold fake petroleum products mixed with Toluene et al. in the C parking lot operated by the Defendant, which was operated by the Defendant, in Busan City, from April 15, 2012 to May 15, 2012; (b) sold more than 24,00 won in a single unit; and (c) stored more than 18 liters containing such fake petroleum products at the same place on May 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing the test and analysis;

1. Article 44 of the Act applicable to facts constituting a crime and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (the selection of a fine, covering facts of sale and storage);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The fact that there is no criminal record of suspension of execution that leads to the confession and reflect of the facts of the crime (the circumstances favorable to the defendant] under Article 48 (1) 1 of the Confiscation Criminal Act, and there is no criminal record of suspension of execution (the circumstances unfavorable to the defendant) more than nine times, and the fact that the defendant committed the crime of this case again despite a criminal record who was sentenced to a fine for the same kind of crime even though he was sentenced to a fine for the same crime, it seems that the business size of the crime of this case is not small. In full view of the above circumstances and other various circumstances, including the motive, means and result of the crime, age, character and behavior, environment, criminal records,

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