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(영문) 대전지방법원 2018.01.25 2017고단4630
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a driver of a C tank lock vehicle.

Around September 7, 2014, the Defendant: (a) received an instruction from F to transport “HLBD”, which is a petroleum product to be used as a raw material of fake petroleum products, to a fake petroleum product storage place; (b) was stored in the storage tank, and transported the said “HLBD” petroleum product 31,69 liters to the said tank crost vehicle; (c) transported the said tank crost vehicle from September 7, 2014 to October 11, 2014, as indicated in the attached list of crimes, to transport the said “HBD” product as a petroleum product manufacturing factory for a total amount of 25 times from September 7, 2014 to October 2014.

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 protocol concerning the examination of the police officers in H, I, J, and F;

1. Copies of each seizure protocol and copies of each seizure list;

1. Application of Acts and subordinate statutes to copies of notices about the results of the quality inspection of petroleum products, copies of the sample collection confirmation, copies of each investigation report, and copies of measurement confirmation;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 of the Act on the Selection of Petroleum and Punishment as well as Article 44 subparagraph 3 of the Act on the Petroleum Substitute Fuel Business (or selection of imprisonment with prison labor);

1. The following are considered: (a) confession of the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) confession of the reasons for sentencing; (c) the fact that there is no particular criminal record other than a fine for a crime committed on a separate basis until before the case is tried on a separate basis; (d) the period of crime is relatively short; (e) the number of times of crime is not large; (e) the degree of participation in the crime of this case is relatively minor; and (e)

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