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(영문) 대전지방법원 2014.10.15 2014고단2677
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

No one shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuel, materials containing carbon and hydrogen in order to use them in manufacturing fake petroleum products or using them as fake petroleum products.

From September 16, 2009, the Defendant operated a dangerous substance storage in the name of “C” with the trade name of “C”, and had the mind to trade mertans and softs, which are raw materials for manufacturing fake petroleum products.

When D, from September 201 to January 201, 201, had D contact with the Defendant to purchase fake petroleum solvents and soft event, the Defendant paid the price for mertan, event event, and E and F, which are the original supplier of the event, by inserting an order, and had D sell 20,000 L to D, in such a way as to have D be supplied with mertan and Soft event respectively in the above E and the above F, with an aggregate amount of 10,00 L and 32,00 L and 32,00 L and 96,00 L and 90 L and 96,00 L and 90 L and 96,00 L and 1,00 L and 1,00 L and 20 L and 1,00 L and 3,00 L and 1,00 L and 3,00 L and 3,00 L and 1,00 L and 3,00 L and 3,00.

As a result, the Defendant sold approximately 100,000 L, a petrochemicals, and about 96,00 L, a petroleum product, to manufacture and use fake petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. On-site photographs of the actual condition survey;

1. Application of Acts and subordinate statutes to each investigation report (referring to filing of copies of separate summary orders for suspects, and written judgments, etc. on witnesses D);

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

1. It is so decided as per Disposition on the grounds that the suspended sentence reflects the reasons for sentencing under Article 62(1) of the Criminal Act, and is above such consideration as socioeconomic damage caused by the manufacture and sale of fake petroleum products, and the scale of trade, etc.

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