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(영문) 서울남부지방법원 2018.08.17 2017고단6099
석유및석유대체연료사업법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

except that the sentence shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates a petroleum retail business under the trade name of E in Pakistan-si, and the defendant B is an employee of E.

No person shall manufacture, import, store, transport, store or sell fake petroleum products.

Nevertheless, Defendant A, at a low price, manufactured fake petroleum products by mixing them with low oil, and put them into the storage tank of F-wing and cargo vehicles with light oil at a rate of 2:8 percent, made Defendant A directly manufacture fake petroleum products, or made Defendant B, an employee, manufacture fake petroleum products in the above manner, and sold them as truck and bus fuel at KRW 900 per liter.

From February 1, 2017, Defendants conspired to manufacture fake petroleum products by the same method as above, and Defendant B manufactured and sold fake petroleum products of an average of KRW 1,000 litres per day from February 1, 2017 to April 11, 2017, including: (a) around 19:30,000 on the day from February 1, 201 to February 20, 201, from the Seo-gu Incheon Seo-gu G Airport to H as the fuel for truck; and (b) around 19:00 on April 11, 2017, from around February 1, 2017 to April 11, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to K (Korean Petroleum Institute North Korea's Chungcheong Headquarters);

1. Statement made by the police with H;

1. Records of each police seizure and list of seizure (number 3, 4, 8, 9, 10, 11 of the evidence list);

1. Investigation report (to hear statements from suspect B telephone call and report);

1. One copy of a investigation report (in the case of investigation of materials in the E workplace) and a site photograph of E;

1. Forwarding the results of quality inspections of petroleum products;

1. Transmission of the results of inspection of the quality and distribution of petroleum products;

1. Photographs, etc. of the remodeled vehicle;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. The relevant legal provisions and the Defendants’ choice of punishment on criminal facts.

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