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(영문) 부산지방법원 동부지원 2012.09.14 2012고단2282
석유및석유대체연료사업법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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

1. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture, import or sell pseudo petroleum products, or store, transport or keep pseudo petroleum products knowing that such products are pseudo petroleum products;

Nevertheless, from November 20, 201 to December 16, 2011, the Defendant leased a prefabricated warehouse of approximately 100 square meters located in Pyeongtaek-si B for the purpose of using it as a manufacturing factory of pseudo petroleum products, and installed facilities for the manufacture and storage of pseudo petroleum products, such as 5,000 foot storage tank 7, 00 foot storage tank 7, Mobter 2, professional meters, and compliance f:2:20,000 among them, manufactured 110,00 liters of pseudo petroleum products, sold them to the intermediate, such as C and D, and stored 10,000 liters for the purpose of selling pseudo petroleum products remaining after manufacturing and selling them in the above warehouse.

2. No person who violates the Act on the Safety Control of Hazardous Substances shall store dangerous substances in a place other than a storage place or handle them in a place other than a factory, etc.;

Nevertheless, the Defendant treated 110,000 liters, which are dangerous substances of Category 4, in the same manner and at the same time and place as above 1.1,00 liters, and stored 10,000 liters among them in the storage.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of C or D;

1. Copies of the seizure records;

1. Report and photograph of the investigation;

1. Application of statutes, such as the result of analysis;

1. Article 44 subparagraph 3 of the Act on the Safety Control of Dangerous Substances and Petroleum Substitute Fuel Business, Article 29 (1) 1 of the Act on the Safety Control of Dangerous Substances, Article 35 subparagraph 1 of the Act on the Safety Control of Dangerous Substances, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Although the suspension of execution is a criminal record of a fine for the defendant under Article 62(1) of the Criminal Code, he/she has himself/herself.

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