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(영문) 대구지방법원 상주지원 2012.04.17 2011고단710
석유및석유대체연료사업법위반등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall, knowing that pseudo petroleum products are pseudo petroleum products, keep petroleum products for the purpose of having them manufactured or used as pseudo petroleum products, sell pseudo petroleum products, and store dangerous substances of non-receptored liquid in category 1 petroleum at a place other than the storage place.

Nevertheless, from the end of March 2011 to May 2, 2011, the Defendant kept and stored approximately 3,438 liters of pseudo petroleum products in the aggregate for the purpose of manufacturing and using pseudo petroleum products that constitute dangerous substances among Class 1, and pseudo petroleum products that are mixed with Toluene and Mean, and sold pseudo petroleum products with approximately 30 literss among Haman on April 201.

Summary of Evidence

1. Statement by the defendant in court;

1. The police seizure record and the list of seizure;

1. Each report on results of test and analysis;

1. Application of Acts and subordinate statutes to photographs (a seizure protocol of pseudo petroleum products kept without sale may constitute reinforced evidence of pseudo petroleum sales activities entered in facts constituting an offense);

1. Subparagraph 3 of Article 4, Article 29 (1) 1, 2, and 3 of the former Act on the Safety Control of Hazardous Substances (including the act of keeping similar petroleum products and the act of keeping petroleum products for the purpose of manufacturing and using them as pseudo petroleum products, and the act of selling pseudo petroleum products), Articles 35 (1), 5 (1), and 2 (1) 1 and 2 of the Act on the Safety Control of Hazardous Substances, Articles 2 and 3 of the Enforcement Decree of the Act on the Safety Control of Hazardous Substances, and Class 4 of attached Table 1 of the Act on the Safety Control of Hazardous Substances (including the act of storing pseudo petroleum products, and the act of storing pseudo petroleum products, and the act of selling pseudo petroleum products) concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the opinion of the Supreme Court Decision 2008Do1039 Decided May 15, 2008 that the prosecutor was indicted as a substantive concurrent crime but should be viewed as a single act by social norms) 1.

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