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(영문) 창원지방법원 진주지원 2019.08.21 2019고단620
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In Jinju-si, the Defendant operates a gas station called “C gas station”.

No one shall manufacture, import, or sell fake petroleum products.

1. On March 24, 2019, at around 21:00, the Defendant manufactured fake petroleum products by mixing 3,000 liters via transit with 1,00 liters by inserting oil into the tank 5.

2. Around 23:00 on April 11, 2019, the Defendant manufactured fake petroleum products by mixing 3,500liters via transit with 1,50-liters by inserting oil into the transit tank 5.5 times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of relevant documents, such as a written charge, a written confirmation of sampling, reference statutes;

1. Articles 44 subparagraph 3 and 29 (1) 1 of the Act on Criminal Facts and the Petroleum Substitute Fuel Business and the Selection of Imprisonment with labor;

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

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 (Violation of the Petroleum and Petroleum Substitute Fuel Business Act) in manufacturing, selling, etc. fake petroleum products (type 1) which are the basic area of small and medium enterprises, and April through October;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period from April to March;

2. Determination of sentence for a crime is recognized as the initial crime. Other factors such as the scale and circumstances of the crime.

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