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(영문) 대구지방법원 서부지원 2013.05.03 2013고단198
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B On April 4, 2012, the Daegu District Court sentenced 8 months of imprisonment for the violation of the Petroleum and Petroleum Substitute Fuel Business Act and 2 years of suspended execution, and sentenced on April 13, 2012, the same criminal records as the above judgment became final and conclusive are added once more.

No one shall sell fake petroleum products.

Nevertheless, from October 10, 201 to November 7, 2012, the Defendants conspired to operate a stop store in Daegu Seo-gu, Daegu-gu, and sold a large volume of fake petroleum products with an average of 7% per day, such as selling at least 47,00 won to unspecified vehicle drivers who wish to oil in one set of a mixture of subpoper and a heelth (17 liter, respectively, while operating a stop store in Seo-gu, Daegu-gu.).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure;

1. A certificate of collection of samples for each distribution inspection and a statement of results of each test and analysis;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation into criminal records, copies of summary order, and copies of judgment;

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Articles 29 (1) 1 and 30 of the Criminal Act;

1. The fine is imposed on Defendant A who has the option of the punishment, and the imprisonment is imposed on Defendant B; and

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A with the reason of sentencing under Article 334(1) of the Criminal Procedure Act: Defendant B had the same criminal power once a fine for the same kind of crime and one time a suspended sentence of imprisonment; Defendant A again committed the instant crime even during the suspended sentence period; and Defendant A took full account of the various circumstances, including the fact that Defendant B took part in the instant crime as his employee, and the fact that Defendant A took part in the instant crime, etc., and determined the sentence as ordered.

It is so decided as per Disposition for the above reasons.

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