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(영문) 부산지방법원 2014.04.17 2014고단920
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant is a person who conducts petroleum retail business with the trade name "E gas station" in Gangseo-gu Busan Metropolitan City D, and no person shall manufacture, import, store, transport, store or sell fake petroleum products.

Nevertheless, the Defendant:

A. On September 2, 2013, around 12:26, the Plaintiff sold 50,000 litresponding 29.10 litresponding 29.10 litres from the fuel of the vehicle to the driver G of the vehicle through a main abandonment connected to the oil storage underground tank that was voluntarily manufactured by a incombustible method at the oil station located in Gangseo-gu Busan Metropolitan City.

B. On October 11, 2013, between 06:0 and 06:30, the E station located in Gangseo-gu Busan Metropolitan City, where its inventory capacity is stored 14,292 liters, it is a mixture of petroleum products of 30,00 liters, not diesel, into the above underground tank No. 6 of the oil station in Busan Gangseo-gu, and a mixture of 12,000 liters, and a mixture of 12,000 liters, it is manufactured 56,292 liter diesel, and immediately sells it to an irregular buyer via the main organic tank connected to the underground tank in which he/she voluntarily manufactured fake diesel oil is kept.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to test and analysis results;

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Article 44 and Article 29 (1) 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business and the Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act, even though the number of fake transit manufactured and sold is not many, the damage to vehicle owner G has been compensated, a significant portion of the damage has been discarded, the primary crime has been discarded, the health has not been good, and reflect

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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