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(영문) 창원지방법원 2014.01.17 2013고단3572
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for one year.

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

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

Around June 5, 2012, the Defendant, who operated the “E station” in Gwangju-gu, was urged to manufacture and sell fake transit mixed with lux oil in combination with F, an employee of the foregoing business establishment, and the Defendant ordered G, who is a lux oil supplier, to place an order of 16,000 liters, and the Defendant manufactured approximately 32,00 liters of lux oil in combination with lux oil transported by G, and sold them to customers through the luxal entertainment around that time. From around that time to March 29, 2013, the Defendant sold approximately 304,00 liter transit through 11 times in the same manner as indicated in the attached list of crimes.

Accordingly, the Defendant, in collusion with F, manufactured and sold fake petroleum products by mixing them with other petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. A copy of the protocol of interrogation of the police officer G;

1. Statement of statement by the police branch of H;

1. The monetary content of G to G, J, F, and K, the delivery details of LSkex, E, M, N gas station photographs, and the details of transfer to G from F to G, and the details of transfer made by G to A;

1. Application of Acts and subordinate statutes to investigation reports (the volume of fake transit manufactured and the amount re-specified);

1. Article 44 of the relevant Act on criminal facts, subparagraph 3 of Article 44, Article 29 (1) 1, and Article 30 of the Criminal Act on the option of petroleum and alternative fuel business for the option of criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The act of manufacturing and selling fake petroleum products for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act is a crime that directly infringes on various legal interests, such as consumer protection, environmental preservation, and national tax authority, and the relevant crime is of heavy importance.

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