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(영문) 광주지방법원 순천지원 2013.07.26 2013고단793
석유및석유대체연료사업법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant had been sentenced to a fine of KRW 15 million due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act by the Gwangju District Court on January 27, 201, and the said judgment was finalized on April 5, 2011.

1. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture and sell fake petroleum products;

Nevertheless, around July 5, 2012, the Defendant manufactured and sold 24,000 liter petroleum market price of KRW 36,000,000,000 by having a person receiving an order for transit sales from (ju) G, and the employees of F station loaded light oil and light oil by using tank glass vehicles, mixed with light oil and light oil in H’s oil storage tank.

In addition, from April 9, 201 to July 5, 2012, the Defendant manufactured and sold a total of 323,321 liter of fake petroleum and a total of 522,925,700 won in the market price by mixing them with light oil and light oil over 16 times, such as the list of crimes (petroleum and Petroleum Substitute Fuel Business Act).

2. Around July 5, 2012, the Defendant, at H, supplied the victim I as if he had completed the fake transit manufactured by the same method as that of paragraph (1) to the victim I, and was paid KRW 36,00,000 from the victim to July 5, 2012, and had the victim receive KRW 36,00,000 from the victim’s price, and had the victim sold a total of KRW 51,321 liter’s fake transit through the static transit as indicated in the crime sight (Fraud) from January 24, 2010 to July 5, 2012, and acquired a total of KRW 782,845,700 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to J and I;

1. Part of the police statement to K;

1. A detailed statement of corporate card transactions;

1. Details of transactions of gas stations;

1. The current state of oiling;

1. Details of transactions of gas stations (F gas stations);

1. Official correspondence (the response to the request for appraisal of the quality of petroleum);

1. Investigative report - The comparison of the purchase unit price and sales unit price via the F gas stations;

1. Investigative Report - The selling unit price of the general gas station;

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