2015dan1026 Violation of the Oil and Petroleum Substitute Fuel Business Act

OOO (74 years, South Korea), Company Board

J. J. (Lawsuits) and Kim Jong-ho (Trial)

Attorney Jeong-won (National Election)

June 25, 2015

Defendant shall be punished by imprisonment for a term of one year and six months.

Facts of crime

No person shall supply, sell, store, transport, or store petroleum products, petrochemicals, alternative fuel, or materials containing carbon and hydrogen in order to manufacture, import, or sell pseudo petroleum products or to use them as pseudo petroleum products.

Nevertheless, the Defendant made pseudo petroleum products by mixing pseudo petroleum products with Soben, Toluen, and Bluth, and then sold them to intermediary wholesalers. Park ○○ was willing to take charge of the business of selling pseudo petroleum products to intermediary wholesalers, to avoid the traffic control, or to take a view as a factory, such as vehicle guidance, etc., and Gangnam○ was willing to play a role of ○○, ○○, and ○○, a vehicle information, ○, and ○○, a vehicle information.

On July 8, 2011, the Defendant leased a farm located in the ○○○, Gangwon-si, off-dong, and Eup/Myeon, from around 00: (a) around 00: (b) around 00, the Defendant: (c) installed one storage tank of a size of 50,00 liters in the farm; (d) two electric pumps; (e) two storage pumps; and (e) two metres in a size of 00 liters; and (e) sold similar petroleum products to 00 liters during the period of up to 00: (c) around 00 on August 23, 201; and (e) sold 0,000 liters, 00 liters with an average of 50,000 liters per day; and (e) sold similar petroleum products to 0,000 liters; (e) 0,000 liters; and (e) 0,005 liters per day during the period of 00:00.

As a result, the Defendant manufactured and sold pseudo petroleum products in collusion with Park○-○, Gangwon-do, ○○, ○○, ○○○, and Gab○○, and stored petrochemicals for the purpose of manufacturing and using pseudo petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office's protocol of interrogation as to Defendant 2, Park ○, Shin ○, Lee ○, and Park ○○

1. Each protocol of seizure and the list of seizure;

1. Each report on investigation;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 44 Subparag. 3, Article 29(1)1 and 3 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 10958, Jul. 25, 201); Article 30 of the Criminal Act (Appointment of Imprisonment)

Reasons for sentencing

In light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act to secure the proper quality of petroleum products and prevent danger and injury caused by dangerous substances, the crime of manufacturing, selling, and keeping pseudo petroleum is not less vulnerable to the nature of the crime and the crime committed. In particular, the Defendant, who was under investigation by the police once again arrested after escaping from the police, and the Defendant, who was the lead of the instant crime, went away from the cell phone in which the contact information of the person who was supplied with pseudo petroleum products or supplied with pseudo petroleum products was stored, making it practically difficult to investigate the person who was involved or was suspected to have participated in the instant crime, and making it difficult to determine the sentence imposed on the Defendant in light of the period of manufacturing and selling pseudo petroleum products, the amount of manufacturing, and the market value, etc. of the pseudo petroleum products: Provided, That it is inevitable to determine the sentence as the sentence imposed on the Defendant in consideration of the fact that the Defendant was in contravention of the same kind of criminal record and the fact that there was no previous conviction.

Judges Eroro -