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(영문) 대구지방법원 서부지원 2014.04.04 2014고단42
석유및석유대체연료사업법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant operated a stop store from early August 2013 to October 16, 2013 in the Daegu Seo-gu B, and sold to unspecified motor vehicle drivers who want to share oil, using a mixture of small and medium-sized petroleum products in one group of fake petroleum products, 46,00 won, which is mixed with small and medium-sized petroleum products in one group.

Accordingly, the Defendant sold fake petroleum products.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Test reports;

1. Control photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of and reflect on the criminal conduct, and other circumstances of the defendant, and benefits, etc. from the criminal conduct in this case);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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