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(영문) 대전지방법원 2018.06.15 2017고단4631
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was a driver of Category C tank Tank Vehicle, was prohibited from transporting petroleum products with a view to manufacturing fake petroleum products or using them. On September 14, 2012, the Defendant was ordered to transport “HLBD”, which is a petroleum product to be used as a raw material for fake petroleum products, from F, to a fake petroleum product storage facility, and was stored in the storage tank. The Defendant was carrying 31,654 litres of “HLBD petroleum product”, which was stored in the storage tank, into the above tank crops, transported the petroleum products to H, etc. located in G from Sep. 22, 2012 to Apr. 10, 2013, and transported “HBD product” to the instant tank 31,654 litres, and transported the petroleum products to H, etc. in total from Sep. 22, 2012 to Apr. 22, 2013.

In addition, on June 2013, the Defendant, under the direction of F at the above H, transported “HLBD” petroleum products of 32,000 liters to the gas station located in the Daejeon Sung-guJ, Daejeon, and transported the sum of “HLBD petroleum products” to the same place seven times from around that time until December 2013.

Accordingly, the Defendant transported petroleum products for the purpose of manufacturing and using them as fake petroleum products.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Copies of each protocol concerning the examination of the police officers against L, M, N,O, or P;

1. A copy of the report on the quality inspection of petroleum products, output of each seizure protocol, and output of measurement confirmation;

1. Application of Acts and subordinate statutes to a copy of the investigation report (related to attachment of the details of release into Korea);

1. Articles 44 subparagraph 3 and 29 (1) 3 of the Act applicable to criminal facts, the option of petroleum and the option of imprisonment for the petroleum substitute business;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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