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(영문) 전주지방법원 2013.06.20 2013고단1229
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of eight months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is substantially operating limited liability companies D, and Defendant B is in charge of material affairs as a proxy of management department of limited liability companies D.

As the supply price increase in the work vehicles used in the workplace of a limited company D in the Jeonbuk-gun E, the Defendants sought to manufacture fake transit mixed with transit and oil in the proportion of 5:5.

On October 2, 2012, the Defendants conspiredd to put 1,500 liters and other oil 1,500 liters via the F tank in the tank of the F tank-based vehicle at the place of business D limited liability company, and manufactured 3,000 liters, a fake petroleum product, from February 20, 2013, and manufactured 122,40 liters in total, a fake petroleum product, by the same method, from February 20, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Detailed statements of transactions, and daily table of accounts;

1. Application of Acts and subordinate statutes to know about the result of quality inspection conducted by non-petroleum business entities;

1. The Defendants: Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, and the choice of imprisonment

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendants of a community service order: The Defendants committed the instant crime even though the Defendants had been punished for the same kind of crime in order to secure a sound distribution order of petroleum products with the reason of sentencing under Article 62-2 of the Criminal Act and to prevent harm caused by pseudo petroleum products, and the Defendants committed the instant crime, and there is a high possibility of criticism against the Defendants in light of the considerable amount of fake petroleum products manufactured by the Defendants.

However, the defendants have led to the confession of all crimes and reflect their mistakes in depth, and the cost of oil due to the increase in oil prices.

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