beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall manufacture or sell pseudo petroleum products, or store, transport, keep or use pseudo petroleum products with the knowledge that such products are pseudo petroleum products.
Nevertheless, the Defendant, along with C, tried to sell the same diesel transit containing approximately 30% of the solvents, to the gas stations located in Gyeonggi-do and to acquire the price by fraud, as he had normal transit.
Accordingly, C is responsible for financial management and overall direction and supervision, such as the making of forged shipping slips to be used to deceive the other party, and the defendant decided to take charge of special on-site management, such as distribution and delivery of similar transit tickets and issuance of false shipping slips.
1. On May 20, 2008, the Defendant: (a) around May 20, 2008, issued the shipment slips to G, a petroleum transport vehicle driver, in the name of SK Energy, under the direction of F in Pyeongtaek-si, and had the victim H, introduced from D, loaded 20,00 liters in the name of SK Energy; and (b) supplied the “J gas station” to the “J gas station” located in G, operated by D, as normal transit; (c) around May 22, 2008, G issued the said shipment slips to the victim who is not aware of the forgery, and (d) received from the victim KRW 380,80,000 as the price for transit on the same day.
Accordingly, the defendant, in collusion with C, sold pseudo petroleum products, received goods by deceiving the victim, and exercised the forwarding slips, which are private documents on the forged rights and obligations.
2. Around May 28, 2008, the Defendant issued a “certificate of sale and acquisition” under the name of S-OL forged from the F to the said G in accordance with the direction of C on May 28, 2008, and made the Defendant load 20,000 liters of similar light oil and run by the victim H.