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(영문) 부산지방법원 동부지원 2013.06.26 2013고단910
석유및석유대체연료사업법위반등
Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by a fine of two million won, Defendant C shall be punished by imprisonment with prison labor of six months, and Defendant D.

Reasons

Punishment of the crime

1. Defendant A

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

Nevertheless, around 12:00 on November 22, 2012, the Defendant purchased 1,500 liters (1,200 liters per 1,200 liters) from M from “P” located in Busan, Busan, and sold 300,000,000 won (per 1,200 liters) at the market price before the construction site of the R&A 2T of the engine ZHHA 2T 2T liter in the diesel vehicle, which is one’s own vehicle, and was prepared in advance to load 2.5 metrics in the vehicle of Q2.5 tons for the diesel vehicle, and the Defendant manufactured a fake transit by mixing it with the engine ZICHHA 2T 2T liter on the same day.

Accordingly, from May 10, 2012 to November 22, 2012, the Defendant manufactured fake petroleum products 133,000 liters by the aforementioned method, and sold 131,80 liters of the market price to unspecified drivers of the same amount as KRW 18,452,00 (131,80 liters x 1,420 liters).

(b) No person other than credit card merchants violating the Specialized Credit Financial Business Act shall make a transaction by credit cards in the name of other credit card merchants;

From November 9, 2012 to November 22, 2012, the Defendant issued sales slips in the name of P equivalent to KRW 21,152,00,00, in total as shown in the attached list of crimes (1) at the front log of the new apartment construction site in Yangsan-si, Yangyang-si using a card terminal (terminal number: T) installed in P located in P located in Busan-si, Busan-si, Busan-si.

Accordingly, the Defendant made a transaction by credit cards, etc. equivalent to the above money in the name of credit card merchant even though it is not a credit card merchant.

2. Defendant B

(a) Any person who intends to run petroleum retail business in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall register with the Mayor/Do Governor or the head of a Si/Gun/Gu;

Nevertheless, Defendant B without the above registration on September 2012.

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