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(영문) 서울북부지방법원 2017.09.28 2017고단2092
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2017, anyone is prohibited from carrying fake petroleum products, but the Defendant stored 60 liters in E-vehicle, a mobile oil vehicle located in Jung-gu Seoul Metropolitan Government, on January 4, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. A certificate to collect samples;

1. On-site photographs of gas stations;

1. Each investigation report [Judgment on the defendant's assertion] The defendant asserted that the defendant had no intention to keep the fake petroleum found in the past in the process of disposing of the gas station was discovered in the FRP tank and was found to have been stored in the vehicle moving in the locked to deal with the remaining petroleum in the FRP tank, and that there was no intention to keep the petroleum in custody.

However, according to the evidence duly examined and adopted by this court, in the case of the result of the petroleum quality tests conducted by the North Korean Petroleum Institute's Department in the Seoul metropolitan area, it is difficult for the Defendant to obtain that the Defendant was in custody of the instant fake petroleum, unlike the above written opinion, and even if the Defendant asserted, it is hard to obtain that the Defendant was in custody of the entire quantity of the previous fake petroleum without destroying it, and that the Defendant was in custody of part of the Defendant's petroleum without destroying it, and that it was impossible to reverse the Defendant's previous statement to the effect that it was not discovered after mixing it with the Defendant's previous petroleum pursuant to the standard of the harsh starting point (-23∑ C).

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