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(영문) 서울중앙지방법원 2016.11.29 2016고단3848
사기등
Text

A defendant shall be punished by imprisonment for a period of one year and six 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

[Public offering relation] A around January 2016, the Defendant, along with C, leased the “E gas station” located on the wife population D and agreed to conduct a partnership business by manufacturing, selling, and distributing fake petroleum products, such as fake transit. C, while residing in the above gas station, was in charge of the operation of the gas station, such as manufacturing, supplying, selling, etc. of fake petroleum. The Defendant is in charge of daily sales management, daily management, financing for the operation of the gas station, and the Defendant is in charge of the affairs such as physical color, management, etc. of the “balpypypypypypypypypypypyp” under the name of “F” and “F”, on the ground of “B” and “B” as the front president, followed the business registration of the above gas station and conducted the business registration, and on the ground of G B’s name, “B” (hereinafter referred to as “Balpypypypypypypypypyp”).

【Criminal Facts】

1. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture, import, store, transport, keep, or sell fake petroleum products;

A. On March 2, 2016, the Defendant stored fake petroleum products with C, etc., and stored them in an underground transit storage tank that is manufactured by mixing them with light oil at the aforementioned oil station, and in an underground transit tank that is connected with the main abandonment.

Accordingly, the defendant stored fake petroleum products for the purpose of selling them in collusion with C, etc.

B. The Defendant sold fake petroleum products with C, etc., and from February 25, 2016 to March 2, 2016, the Defendant sold an amount equivalent to KRW 104,392,181 at the market price of fake petroleum products manufactured by mixing it with light and light oil to those whose name is not known at the above E station from February 25, 2016 to March 2, 2016.

Accordingly, the Defendant sold fake petroleum products in collusion with C, etc.

2. Fraud;

(a) Selling fake petroleum products;

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