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(영문) 대전지방법원 공주지원 2018.06.08 2018고단25
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 21, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Petroleum and Petroleum Substitute Fuel Business Act and a fine of KRW 3 million in the Daejeon District Court on July 3, 2017 and the sentence became final and conclusive on July 3, 2017.

[2] No person may supply, sell, store, transport, or store petroleum products, petrochemicals, alternative fuel for petroleum, carbon and hydrogen for the purpose of using them as fake petroleum products.

Nevertheless, around August 8, 2012, the Defendant stored “HBD” 31,536 litres from E, which is a petroleum product transported to the storage tank of the said petroleum product, in a petroleum product storage room located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, in total of 2,299 times in total, in a petroleum product storage tank by the following method: (a) the Defendant stored “HBD” 31,536 litres from E, which is a petroleum product transported to the storage tank of the said petroleum product; and (b) the Defendant stored “HBD” 73,250,602 litres from “HBD” in total by the aforementioned method, as indicated in the daily list of crimes, from October 15, 2015.

Accordingly, the Defendant stored petroleum products for the purpose of manufacturing and using them as fake petroleum products.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol concerning the examination of suspect by the police against I, E, J, K, L, M, N, P, Q, R, T, U, and V;

1. Copy of Written statement made by the police;

1. A copy of the investigation report (a copy of the document confirming measurements of H, etc.);

1. Information about the results of inspection of the quality of petroleum products (including copies thereof);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, a copy of judgment, etc. (No. 495 No. 5 of investigation records);

1. Article 44 (1) 3 and Article 29 (1) 3 of the Act on the Punishment of Offenses, the Selection of Petroleum and Punishment for Petroleum Substitute Fuel Business, and the Selection of Imprisonment with prison labor;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. The sentencing criteria shall be changed after Article 37 of the Criminal Act; and

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