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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant is a person who operates the “E gas station” in Chungcheong-gun D, and F is a person who works as a warden in the above gas station, and G is an employee in the above gas station.
1. The Defendant in violation of the Petroleum and Petroleum Substitute Fuel Business Act, in collusion with F and G, from September 10, 2009 to June 2, 2010, sold fake petroleum products by manufacturing approximately 359,560 liters, which combines petroleum products with other petroleum products with light to about 2:1 in the above E stations, as indicated in the list of crimes, and sold them to customers.
2. A habitual fraud Defendant: (a) conspired with F and G habitually around September 10, 209, sold 3,173 liter of fake petroleum products manufactured as described in paragraph (1) to 19 victims in the name failure, as if they were true petroleum products; and (b) sold 4,058,292 won to 19 victims in the name failure as stated in the attached list of crimes between June 2, 2010 and June 2, 2010; (c) by deceiving victims in the name failure using the same method as described in the attached list of crimes; and (d) by deceiving fake petroleum products to sell 359,560 liter of fake petroleum products to 467,314,228 won in total.
Summary of Evidence
1. Copy of the defendant's protocol of examination of the witness to H's court statement, each protocol of examination of the suspect to the prosecution concerning F, G, I, and each protocol of examination of the police officer against J;
1. Application of seizure records and lists, photographs, the results of quality inspections of petroleum products, and statutes on daily closing dates;
1. The defendant's crime of this case is committed against many unspecified general consumers, and the period of fraud and the amount of defraudation are short or smaller. The defendant's crime of this case is committed against the defendant's crime of this case, for the reason of sentencing of imprisonment with prison labor selected under Articles 44 subparagraph 3, 29 (1) 1, Article 30 of the Criminal Act (the manufacture and sale of fake petroleum products), Articles 351, 347 (1), and 30 (the crime of habitual fraud) of the Criminal Act (the crime of habitual fraud) Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of habitual fraud which is heavier than punishment).