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(영문) 부산지방법원 2014.05.23 2013고정6455
사기미수등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Petroleum and Petroleum Substitute Fuel Business Act;

A. The Defendant completed a report on petroleum retail business (general retail shop) to the head of the Busan Metropolitan City Dong-gu, Busan Metropolitan City and operates a petroleum retail store under the trade name “C” in the Dong-gu, Busan.

Nevertheless, on May 22, 2013, the Defendant violated the prohibition of the act of selling petroleum products and general sales business by moving and selling the volume of 51 liter (unit price of KRW 1,695) at the 51 ton of freight vehicles owned by the said company at the scene of civil engineering works conducted by D Co., Ltd. in Busan Northern-gu, Busan.

B. On July 2, 2013, the Defendant: (a) manufactured fake petroleum products in a manner that combines G 3,000 liters tanks with 300 liters, light oil, 1,700 liters; (b) sold KRW 528,840 (unit price 1,695) at the H soft-gu D Co., Ltd., Ltd., located in Busan Northern-gu, with the sale of KRW 312 liters at the market price of KRW 528,840 (unit price 1,695) at the H soft-gu D Co., Ltd.; and (c) sold KRW 2,113,613,321 at the market price by the 9th day of the relevant month, as indicated in the attached list of crimes.

2. On July 2, 2013, the Defendant attempted to commit fraud: (a) received a request from the victim E Co., Ltd. located in Northern-gu, Busan, for the supply of diesel transit from the victim I to the above construction site; and (b) supplied fake petroleum products manufactured as stated in paragraph (b) as if they were refined.

The Defendant believed that the above fake petroleum was a refined transit, and attempted to acquire KRW 3,613,321 as the price for transit as stated in the attached list of crimes, but the victim, who became aware of the fact, did not intend to make the payment by refusing it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Request for test, analysis and analysis of pseudo petroleum products, and request for test and analysis of petroleum products;

1. Safafs, fuel recovery safs, safs, sampling photographs, safs;

1. Returns on results of each test and analysis;

1. Written estimate for repair of the digging machines;

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