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Defendant
A Imprisonment for 10 months, Defendant B shall be punished by imprisonment for 6 months, and Defendant C shall be punished by a fine of 5,00,000 won.
Reasons
Punishment of the crime
Defendant
A is the representative of C Co., Ltd. located in Busan District Department D, and Defendant B is the employee of the above station.
No one shall manufacture, import, store, transport, keep, or sell fake petroleum products.
1. Defendant A’s act of manufacturing fake petroleum products: around May 18, 2018, Defendant A manufactured and stored fake petroleum products 18,000 liters by mixing them with 4,00 liter oil storage tanks where light oil of 14,00 liters is stored at the oil station and 4 times in the oil storage tank.
2. The Defendants conspired to sell fake petroleum products manufactured by Defendant A as above to the customers visiting the above gas station as if they were through transit.
around 17:21 on May 18, 2018, the Defendants received 50,000 won from a named customer who visited the above gas station, and sold fake petroleum products by drinking through a main abandonment connected to the transit storage tank No. 4 where fake petroleum products are stored, as above, and sold fake petroleum products totaling KRW 13,360,384 won at a total of 261 times from around that time to May 21, 2018, as indicated in the attached list of crimes.
3. The Defendant Co., Ltd., at the time and place set forth in paragraphs (1) and (2) above, manufactured, stored, and sold fake petroleum products and violated the Petroleum and Petroleum Substitute Fuel Business Act by manufacturing, keeping, and selling fake petroleum products in connection with the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement of E and F;
1. Records of seizure and the list of seizure;
1. Application of the Acts and subordinate statutes on the forwarding of results of each test and analysis, full certificates of registered matters, sales details adjustment;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A and B: Article 44 Subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act.