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(영문) 광주지방법원 2012.12.27 2012고단5249
석유및석유대체연료사업법위반
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1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From Jun. 2011 to Dec. 26, 2011, Defendant A supplied pseudo Petroleum Products (tentatively referred to as “Sluice”) from D, etc. in Daegu in the “C Parking Lot” located in Gwangju North-gu, Gwangju-gu, the Defendant sold 4,188 mar (71,96 mar) in a total of KRW 24,000 to December 26, 201.

2. The Defendants informed the Defendant B of information on the place of purchase of pseudo petroleum products (tentatively called “speak”) and buyers, etc., and ordered the Defendant B to sell pseudo petroleum products and pay KRW 1.5 million per month in return.

Thus, around 10:30 on December 26, 201, Defendant B sold two of the above pseudo Petroleum Products to F (G driver) in the parking lot located in the Seo-gu, Seo-gu, Gwangju, in addition to selling 50,000 won of the above pseudo Petroleum Products from October 201 to December 26, 2011, Defendant B paid KRW 1.5 million monthly from October 201 to December 26, 201, and sold pseudo Petroleum Products total 2,730 (46,410liters) to many unspecified persons.

Accordingly, the Defendants conspired to sell pseudo petroleum products.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 44 Subparag. 3 and Article 29(1)1 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11234, Jan. 26, 2012); Article 30 of the Criminal Act (amended by Act No. 11234, Jan. 26, 2012); Defendant B: Article 44 Subparag. 3 and Article 29(1)1 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11234, Jan. 26, 2012); Article 30 of the Criminal Act (amended by Act No. 11234, Jan. 26, 2012)

1. Defendant B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: Article 48 (1) 1 of the Criminal Act;

1. Defendant B of the provisional payment order: The instant case’s grounds for sentencing under Article 334(1) of the Criminal Procedure Act.

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