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(영문) 청주지방법원 2016.03.11 2016고단90
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 4, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Seoul Central District Court, and on May 12, 2014, the execution of the sentence was terminated at the Cheongju Prison on May 12, 2014. On September 1, 2015, the Defendant was sentenced to imprisonment with labor for a crime of aiding and abetting without labor at the Cheongju District Court for the same month.

4. The judgment became final and conclusive.

No person shall manufacture, keep, or sell petroleum products containing other petroleum products or carbons and hydrogen.

Nevertheless, around May 6, 2015, the Defendant manufactured a fake petroleum 36 drum (1 drum, 200 drum; hereinafter the same shall apply) containing approximately 70% of diesel and other petroleum products in the D gas station located in Ischeon-si C, and a fake petroleum 37 drums containing approximately 10% of petroleum products different from diesel.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. A written statement;

1. A written accusation;

1. The notice of the result of an objection raised, the certificate of collection of samples for inspection, the daily sales, and the shipment slips;

1. Investigation report (verification of the inventory of fake petroleum, etc.) and details of account transactions;

1. Previous convictions: References to the current status of the case, rulings related to repeated crimes, inquiry into the current status of the case, and application of the text of the judgment;

1. Article 44 subparagraph 3 of the relevant Act and Article 29 (1) 1 of the Act on the Business of Petroleum and Petroleum Substitute Fuel Business concerning facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that the sentencing criteria do not apply to the above-mentioned aiding and abetting and ex post facto concurrent crimes for which the judgment on the grounds of sentencing of Article 39(1) has become final.

In light of the fact that the defendant committed the crime of this case during the period of repeated crime even though he/she had been punished for the same crime, he/she will be sentenced to punishment.

However, the fact that the defendant reflects his mistake, the age, sex, family relationship of the defendant.

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