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(영문) 창원지방법원 2013.12.13 2013고단3190
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six 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

1. No one shall manufacture, import, store, transport, keep, or sell fake petroleum products;

The Defendant, at the front of the window B of Changwon-si, was equipped with facilities necessary for manufacturing and selling fake transit, and stored oil and light oil purchased at a petroleum agency and light oil purchased at the petroleum agency, separately from the above tank lock, after the delivery order enters the delivery order, he was able to immediately transfer oil and light oil to the E tank 7:3 percentage and manufacture and sell fake transit.

At around 17:30 on April 9, 2013, the Defendant manufactured a total of 4,320,000 liters transit 2,40 liters in G parking lots located in Chang-si F, Chang-si, and sold a total of 448 liter transit 148 liter and 300 liter transit 30 liters to K Tourist buses driven by H in the aforesaid manner.

2. Any person who intends to engage in petroleum retail business shall register with the head of a Si/Gun/Gu.

Nevertheless, without being registered, the Defendant sold petroleum as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to L, H and J;

1. Records of seizure and the list of seizure;

1. A report on test and analysis results;

1. Each photograph and credit card electronic transmission slip;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 44 of the relevant Act on criminal facts, subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (hereafter referred to as "manufacturing and selling fake petroleum products"), subparagraph 2 of Article 46 and Article 10 (1) of the Petroleum and Petroleum Substitute Fuel Business Act (hereafter referred to as "unregistered petroleum retail business"), and the choice of imprisonment with labor;

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

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