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(영문) 수원지방법원 2011.1.19.선고 2010고단4443 판결
석유및석유대체연료사업법위반
Cases

2010dan443 Violation of the Petroleum and Petroleum Substitute Fuel Business Act

Defendant

Kim Madle (76 years old, south) Other

Residential Suwon City

Reference domicile Kimcheon-si

Prosecutor

5 5 5 14

Defense Counsel

Attorney Park Il-young (Korean National Assembly Line)

Imposition of Judgment

January 19, 2011

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

No person may supply or sell petroleum products, petrochemicals, alternative fuel for petroleum, carbon and hydrogen for the purpose of making or using them as pseudo petroleum products, however, in spite of the supply or sale of substances containing carbon and hydrogen:

1. Pay supplied by ○○○ in exchange for money from retail stores that intend to sell pseudo petroleum products;

Substances containing carbon, such as Soben (melting agents), Toluene, Methol, and hydrogen, to be used in private petroleum products;

(hereinafter referred to as "the above material") direct sale, or upon receiving an order from the defendant, U.S.O.O. on the part of the defendant, is located on the part of the defendant.

In collusion with ○○ et al. to supply the substance to retail stores ordered in the factory,

The source of operation of the retail store of pseudo petroleum products from January 1, 2009 to July 19, 2009 by the retail store of pseudo petroleum products.

(4) The same room, such as selling the substance to the head of the office at the No.45

법으로 심★★ , 남★★ , 권★★ , 박★★ , 박★★ 등 소매상들에게 위 물질을 판매하 2 . 유○○ , 김♤♤과의 사이에 각 3 , 000만원을 투자하고 이익금은 30 % 씩 분배하기로

After the agreement, for the purpose of manufacturing and using pseudo petroleum products, sale of pseudo petroleum products

하려는 소매상들에게 위 물질을 판매하기로 , 유○○ , 김♤♤과 공모하여 ,

'O operation' in Ansan-gu' from July 1, 2010 to August 1, 2010 *p 'P blade'.

사무실에서 , 피고인은 3 , 000만원을 유○○에게 송금하고 , 유○○ , 김♤♤은 위 물질

(1) sell pseudo petroleum products to retailers, etc.; and

The above substance was sold to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to the chief prosecutor's office;

1. Each investigation report (report on the result of execution of a warrant of search and seizure, report accompanied by a copy of the seized articles, and articles seized by the accused;

Report on the attachment of photographs and cell phone storage contents, and the addition of data related to the lease of pseudo petroleum products manufacturing plant;

Sub-report, pseudo Petroleum-Related Data Attachment Report

Application of Statutes

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

Articles 44 subparag. 3 and 29 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act (The imprisonment line 1. Concurrent Crimes)

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

In light of the period of the crime of this case, the degree of infringing the distribution order of pseudo petroleum products, which are public goods, is too large, and the defendant committed the second offense of this case even though he had already been subjected to the suspension of execution due to the same crime, and the attempt to conceal accomplices after the crime of this case seems to be common enough. However, in light of the fact that the second offense is divided, the defendant's punishment is to be imposed as the order, taking into account the favorable circumstances such as family environment and side relations, etc., and the defendant's punishment is to be determined as the order.

* Number of days pending trial: 64 days

Judges

Judges Lee Jae-py

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