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(영문) 수원지방법원 2017.02.10 2016고단3714
석유및석유대체연료사업법위반
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

E, F, G, etc. were prepared to manufacture fake transit factories from around 2015 to around March 2016 at Chungcheongnam-gun and Gongju-si, Chungcheongnam-si, respectively, and manufactured fake transit by mixing imported petroleum refining (hereinafter “import raw materials”) with oil refining and refined transit and oil, etc., or manufactured fake transit by mixing imported raw materials and refined transit with the gas station tank and storing them in the oil station tank, and then sold them through the gas station operated by E, F, etc.

On January 2015, the Defendant was aware of the fact that he had come to a high-speed line.

G through G, it received proposals from the “J gas station” located in Sejong-si, in which E actually operates, to request the work as a warden, and consented thereto. From January 28, 2015 to January 27, 2016, while working as a weekly warden at the above J gas station from January 28, 2015 to January 27, 2016, during the period from April 1, 2015 to January 27, 2016, it was mixed with the household oil product manufactured at the manufacturing plant located in Chungcheongnam-gun, Chungcheongnam-gun, and Sinju-si by receiving a supply of imported raw materials and things, or by mixing them with the direction of E after receiving the supply of the imported materials and things, the recovery of the household oil station was made to an unspecified number of drivers, and then withdrawn the sales proceeds and deliver it to E.

Accordingly, the Defendant, in collusion with E, sold approximately approximately KRW 6,284,251 litress (an amount equivalent to the market price of approximately KRW 8,120,05,914) in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the police interrogation protocol against K, L, M, N,O, F, G, or P;

1. The details of deposits made by the victim to G, the details of J gas station and Q gas station supply and demand reports, and the details of changes in oil prices; and

1. Application of each statute of the investigation report (as of September 14, 199), investigation report (as of December 8, 12, - J oil station, Q oil station), investigation report (as of December 14, 200), and submission of investigation report (as of the collection of samples and response of ingredients appraisal - Q Q and J).

1. Article 44 of the Act applicable to facts constituting an offense and Article 44 of the Petroleum Substitute Fuel Business Act.

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