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(영문) 대구지방법원 서부지원 2016.12.01 2016고단899
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a director in charge of the overall affairs of the E station located in Seogu Daegu-gu, and Defendant B is an employee of the above station, and no one is engaged in the act of keeping fake petroleum products, but the Defendants conspired to distribute fake petroleum products mixed with oil in the above station around July 7, 2015.

1. As a result of the crime committed on August 7, 2015, the Defendants: (a) around 14:00 on August 7, 2015, kept fake petroleum products (e.g., about 5% of the fuel ratio) 20,000 square meters mixed with light oil and light oil in the tank via the tank at the above gas station; (b) kept fake petroleum products (e.g., about 5% of the fuel ratio) 1,000 square meters mixed with light oil and light oil in the tank via the tank 2; and (c) kept fake petroleum products (e.g., about 10% of the fuel ratio) 80-liters mixed with light oil and light oil in the front of the tank of the F petroleum mobile selling vehicle.

2. On August 13, 2015, the Defendants kept 2,100-liter of fake petroleum products (al.e., about 15%) that combines light oil with light oil in a tank via the tank 1, around 14:30 on August 13, 2015, and stored 50-liter of fake petroleum products (al.e., about 5% of the ratio of light oil) that combine light oil with light oil in the tank 2.

Accordingly, the Defendants conspired to keep fake petroleum products.

Summary of Evidence

1. Defendants’ respective legal statements (the fifth trial date)

1. The prosecutor's statement concerning G;

1. The police suspect interrogation protocol of H;

1. - Details of the comprehensive report on E gas stations, details of entry and detail of entry, - Results of mixing concentration by sample sample; and

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendants of relevant criminal facts: Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act

1. Defendant A who selected a sentence of imprisonment: Determination of each fine (i.e., confession and reflective attitude, and participation in the crime as an employee of a gas station and the degree of participation therein is minor, and there are no past records of punishment exceeding the previous and fine).

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