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(영문) 서울동부지방법원 2014.08.14 2014고단1480
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

except 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

The defendant is a person who operates a general retail shop with the trade name of E from the first floor of the building located in Seongdong-gu Seoul Metropolitan Government D.

No one shall manufacture, import, store, transport, keep, or sell fake petroleum products, and where a general retail shop operator intends to move-sale, he/she shall directly sell such products to end-consumers by attaching a alcoholic beverage to a vehicle with a load capacity of not more than 3 Dup.

Nevertheless, around 07:00 on January 22, 2014, the Defendant transferred 246L to the manager of construction machinery (a compressor), a real consumer, using a vehicle moving 4 Dup 246m in loading capacity, which combines about 90% of light oil into light oil at the construction site of the Gangseo-gu Seoul Metropolitan Government F apartment construction site.

As a result, the Defendant conspired with G to sell fake petroleum products and thereby, thereby undermining the sound distribution order of petroleum and alternative fuel.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the accusation place, the notice of the results of inspection of the quality and distribution of petroleum products and the certificate of completion of report;

1. Article 44 subparagraph 3, Article 29 (1) 1, Article 46 subparagraph 10, and Article 39 (1) 8 of the Petroleum and Petroleum Substitute Fuel Business Act concerning facts constituting an offense, Article 30 of the Criminal Act;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a crime of selling fake petroleum which combines oil with light oil and light oil and of using a mobile oil vehicle which exceeds the loading capacity stipulated in the law, and in violation of the Petroleum and Petroleum Substitute Fuel Business Act, dealing with fake petroleum in violation of the distribution order of petroleum products and construction machinery, etc. is likely to cause secondary damage and thus need to be punished.

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