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(영문) 창원지방법원 2014.12.09 2014고단385
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

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

On November 22, 2013, the Defendant: (a) sold fake petroleum products with the trade name of D in Kimhae-si; (b) around 18:20 on November 22, 2013, 40,000 liters storage tanks connected to the main abandonment of 4:7 m3:7 m3:7 m3; (c) manufactured fake petroleum products; and (d) manufactured at least 10,759 won per liter and sold fake petroleum products with the market price of KRW 151,00,000 at F truck operated by E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The written accusation, the official document sent as a result of the inspection of the quality of petroleum products, the confirmation of collection of samples for quality inspection, the confirmation of collection of samples for distribution inspection, the check of compliance with order in petroleum distribution, and the application of Acts and subordinate statutes

1. Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act concerning facts constituting an offense;

1. The manufacture and sale of oil, which may directly affect the function and safety of the vehicle for the reason of sentencing selective punishment, is reasonable, and the community's safety, which may be caused by such act, has been subject to business suspension three times due to the same act. Despite the fact that there was a penalty imposed on a fine for the same reason, there is no reflectivity while continuing the act of the crime, and therefore the corresponding punishment is needed.

In addition, taking into account the various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, results, etc., the punishment of the Defendant for the instant crime shall be determined as the disposition.

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