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(영문) 대구지방법원 2015.06.10 2015고정787
석유및석유대체연료사업법위반
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 700,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is the representative of E in Daegu Northern-gu, and the defendant A is the employee of E, and the defendants are the vice-competence.

1. Defendant A

(a) No one shall manufacture or sell fake petroleum products;

Nevertheless, around 17:30 on May 19, 2014, the Defendant: (a) buried 18-liter capacity of 18-liter capacity (12,000 won per unit) using a simple alcoholic beverage (12,000 won) in the above E, and sold it to an unspecified number of customers.

B. The Defendant, at the time and place stated in the preceding paragraph, is the F agency working at the Daegu Gyeongbuk Headquarters.

The inspection and the collection of samples were hindered.

2. Defendant B, who is his employee, A with respect to the Defendant’s business.

A violation, such as the entry in the subsection, was committed.

Summary of Evidence

1. Defendants’ legal statement

1. To request the investigation of a fake petroleum retail shop;

1. A written confirmation of collection of test samples and a test report;

1. A list of new or selling places;

1. Application of the Acts and subordinate statutes governing the inspection of log petroleum retail shops;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 44 subparagraph 3 of the Act on the Business of Petroleum and Petroleum Substitute Fuel and Articles 29 (1) 1 (the point of selling fake petroleum products, the choice of fines), Article 46 subparagraph 9 of the Act on the Business of Petroleum and Petroleum Substitute Fuel and Articles 38 (1) (the point of obstructing the collection of test samples and the choice of fines);

(b) Defendant B: Articles 48, 44 subparag. 3, and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum total of the amounts of the above two crimes);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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