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(영문) 대구지방법원 2013.04.04 2012고단8767
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On October 24, 2012, the Defendant: (a) at the new sales store operated by the Defendant, Daegu-gu, Daegu-gu B, on October 24, 2012; (b) at the new sales store, the Defendant kept 19 copies of a mixture of fake petroleum products and Toluene for the purpose of selling them for motor vehicle fuel; and (c) from around September 28, 2012 to October 24, 2012, at the same place, the Defendant sold to customers for KRW 48,00 per set, a mixture of fake petroleum products, and 18 liters, a mixture of fake petroleum products, to customers.

2. On November 12, 2012, the Defendant: (a) around 14:55, at the immediately preceding new sales store, kept 142 copies of 142 Fluene mixed with luene and mertan, a fake petroleum product, for the purpose of selling it for motor vehicle fuel; (b) from October 30, 2012 to November 12, 2012, the Defendant sold to customers at the same place, in two copies, 45,00 won per set, a mixture of luene and mertan, a fake petroleum product, to customers.

3. On November 21, 2012, the Defendant: (a) kept 43 copies of 17 literss mixed with Toluene and Mean mixed with fake petroleum products for the purpose of selling them for motor vehicle fuel at the aforementioned new sales store around 18:40.

4. On November 27, 2012, the Defendant: (a) kept 181 copies of a 171 set of luene mixed luene and merton mixed with fake petroleum products for the purpose of selling them for motor vehicle fuel at the 20:30,012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on test and analysis results and test report;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to investigation report (in the case of attaching photographs at the control site, and controlling photographs of street petroleum retail shops);

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 applicable law to facts constituting an offense and the choice of punishment;

1. The defendant of the reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.

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