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(영문) 대구지방법원 2013.05.30 2013고단959
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 14:00 on November 7, 2012, the Defendant operated pseudo Petroleum Sales Store without trade name in Daegu Dong-gu B, Daegu, and sold pseudo Petroleum Products with an average of KRW 500,000 per day market price of KRW 10 per 10,00,000 by mixing pseudo Petroleum Products, a petrochemicals, with one square meter (17 liter) and one Melacs (17 liter), a petroleum product, a petroleum product, into a vehicle, and receiving KRW 50,00 per group.

As above, the Defendant sold pseudo petroleum products from October 2012 to November 7, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A test and analysis report and a test report;

1. Field control photographs;

1. Application of seizure records to Acts and subordinate statutes;

1. Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act, comprehensively including the relevant Article of criminal facts and the choice of punishment;

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

1. Although there is no reason to punish the defendant strictly in light of the legislative intent of securing a sound distribution order of petroleum products with the reason for sentencing under Article 334(1) of the Criminal Procedure Act and preventing harm caused by pseudo petroleum products, the defendant's mistake is divided, the defendant is seized and discarded, the defendant is not only one time before and after the violation of the Military Service Act, the period and quantity of selling pseudo petroleum products, the period of selling pseudo petroleum products, the character and conduct, intelligence and environment of the defendant, the motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

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