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(영문) 춘천지방법원 영월지원 2018.05.29 2017고단552
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a petroleum sales store under the trade name, “C gas station” in Gangwon-gun B.

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

Nevertheless, on June 8, 2017, the Defendant manufactured and sold fake petroleum products mixed with light oil and light oil, and manufactured and sold fake petroleum products 2,808 square meters mixed with light oil and light oil on seven occasions in total, as indicated in the list of crimes in attached Table from around September 14, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. A written request for investigation, on-site photographs, data verifying the scene, notices about the results of inspection of the quality and distribution of each petroleum product, and written confirmation for collection of samples, and written confirmation;

1. Investigation report (C gas station’s account books photographs), and C gas station’s account books from March 2017 to September 2017;

1. An investigation report (in the case of a mobile-sale vehicle in which the person under investigation delivers oil, 2.5 tons of the mobile-sale vehicle, hereinafter “panty OS”)

1. Details of tax-free liquor;

1. Application of investigation report (Comparison of C gas station accounting books and I gas station accounting books) Acts and subordinate statutes;

1. Article 44 of the Act and Articles 44 and 29 (1) 1 of the Petroleum Substitute Fuel Business Act and the selection of a fine concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the circumstances such as: (a) the manufacture and sale of oil that may directly affect the function and safety of vehicles with reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) a threat to community safety that may arise therefrom; (c) the size of fake petroleum products manufactured and sold by the Defendant is not relatively large; and (d) the Defendant has no history of being punished in excess of the same type of crime and fine.

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