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(영문) 수원지방법원 2013.05.15 2013고단176
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a gas station in the U.S. from November 25, 2012 to December 29, 2012.

No one shall manufacture, import, store, transport, keep in custody or sell fake petroleum products, and no petroleum retailer shall commit an act that undermines the sound distribution order of petroleum and alternative fuels.

Nevertheless, at around 10:30 on December 3, 2012, the Defendant made and sold fake petroleum products by mixing 100 litress, light oil, light oil, and light oil 350 litress in the oil storage tank of the D 800-hour tank owned by the Defendant at the above oil station, and then moving them to the road before the Gyeonggi-do king-do logistics warehouse, and oiling them to the fuel tank of the E vehicle, and moved and sold fake petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against the offender of the petroleum and alternative fuel business;

1. Application of Acts and subordinate statutes known as the result of inspection of the quality and distribution of petroleum products;

1. Article 44 of the relevant Act and Articles 44 subparagraph 3, 29 (1) 1 (a point of sale of pseudo petroleum), Article 46 subparagraph 10, and 39 (1) 8 of the Petroleum and Petroleum Substitute Fuel Business Act concerning criminal facts; the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of Article 334(1) of the Criminal Procedure Act, based on the circumstances unfavorable to the defendant, including the fact that the defendant had a record of being sentenced to a fine of two million won for the same crime in around 2007, and the actual sales of the defendant at the time of the instant case were insignificant, and due to the fact that the defendant was not able to obtain profits, and that the defendant was subject to a disposition of suspension of business for a considerable period of time, all of the circumstances favorable to the defendant, including the fact that

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