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(영문) 인천지방법원 2020.02.06 2019고단7885
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No one shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuels, or materials containing carbon and hydrogen in order to use them in manufacturing fake petroleum products or using them as fake petroleum products.

The Defendant, from the name of “C” in the Bupyeong-gu Incheon Bupyeong-gu B and the first floor, was a person who operates a general petroleum retail business, and was aware of the fact that F, the representative of E (hereinafter “E”) in Kimpo-si, Kimpo-si, mixed light oil and light oil with 5:5, and used pseudo petroleum as fuel during the manufacture of equipment, but around February 19, 2014, the Defendant sold 8,000 liters, including the sum of 4,000 liters, including light oil and 4,000 literss, for the purpose of having the F manufacture and use it as fake petroleum products, and sold 64 times in total by December 11, 2017, by receiving KRW 564,979,500, total amount of KRW 642,100,000, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. F statement of the suspect interrogation protocol of the accused by the prosecution;

1. A written accusation;

1. As a result of the inspection of the quality and distribution of petroleum products, the specifications of the transaction [the Defendant] [the fact that the Defendant sold light oil to F, but the Defendant argued that F was unaware of the fact that he manufactured and used fake petroleum. However, the evidence duly adopted and examined by this court is as follows: ① the Defendant sold light oil in E in total equivalent to KRW 564,979,00 in 64 times between February 19, 2014 and December 11, 2017; ② since E is an operator of heavy equipment, it is necessary to use the same quantity of oil as that of Franchis for the purpose other than the purpose of manufacturing fake petroleum products (E), but it is necessary to use them, such as partial oil to operate, etc. in order to operate boiler or petroleum, which is more than that of Franchis.

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