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(영문) 서울중앙지방법원 2012.10.31 2012고단4483
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to a suspended sentence of 8 months in the Daegu District Court on February 13, 2009 due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act, etc. On April 8, 2010, at the Daegu District Court sentenced a four-month imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on August 17, 2010, and the said judgment became final and conclusive on August 17, 2010, the said suspended sentence became void and the execution of the said sentence was completed on April 4, 2011.

1. The status and role G of the parties is a person who operates H, I, J, and K, a solvents agent, and who sells solvents to a disguised trader by means of preparing a false tax invoice in supply of solvents from L, Inc., a solvents producer, M, etc., and the actual solvents is a person in charge of controlling the business of selling solvents to a fake petroleum manufacturer for the purpose of manufacturing fake petroleum.

Defendant

A For the purpose of disguised use in solvents transactions, O, corporation P, Q, R, S, T, U,V, and W's respective business registration certificates, passbooks, etc., which are the disguised traders from N, etc., shall be delivered to G for the purpose of disguised use, and according to G's instructions, a person who exercises overall control over the practical affairs such as ordering, transporting, selling, and selling of fake petroleum.

Defendant

B In accordance with the direction of Defendant A, the person who has employed X, Y, and Z as a tank transport engineer and has overall control over the work of transporting solventss sold by G, etc. to fake petroleum manufacturers for the purpose of manufacturing fake petroleum.

N, a disguised trader, established an O, P, Q, R, S, T, etc. and transmitted its business registration certificate, etc. to G via Defendant A, and then, it is an intermediate distribution product that is supplied with solvents from G in the name of a disguised trader, such as the aboveO, and resells them to fake petroleum manufacturers.

AA and AB opened U, V, and W in the name of AC, etc., a disguised trader, and their business registration certificate, etc. to G via Defendant A.

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