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(영문) 대구지방법원 2014.10.24 2014고단4050
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From February 18, 1999, the Defendant operated a gas station with the trade name D in Daegu Suwon-gu C.

1. No person shall manufacture, import, store, transport, keep, or sell fake petroleum products;

Nevertheless, at around 19:00 on November 15, 2012, the Defendant, using the tank glass vehicle owned by the Defendant, sold 176 dump truck, a construction machine located therein, to the Fump truck, which was manufactured by mixing 60-65% of its fuel with light oil by using the tank glass vehicle owned by the Defendant.

Accordingly, the Defendant sold fake petroleum products.

2. Violation of method of business (transfer sale) is a person who operates a general retail shop, and the defendant moved and sold dump trucks and concrete mixtures trucks to consumers using them by the method of directly supplying dump trucks, such as paragraph (1), at the date and time, at the place specified in paragraph (1), although he/she is prohibited from moving and selling them.

As a result, the defendant moved and sold dump trucks and violated the operating method of the general retail shop.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G;

1. The accusation book, the report on the result of the inspection of petroleum products quality, the result of the inspection of distribution, the confirmation of sampling samples for quality inspection, the check whether the order in petroleum distribution is complied with, and the application

1. Relevant Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 29 (1) 1 (a) of the Act on Criminal Facts, Article 46 subparagraph 10 of the Act on the Business of Petroleum and Petroleum Substitute Fuel, and Article 39 (1) 8 of the Act on the Business of Petroleum and Petroleum Substitute Fuel (a violation of business methods), and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence) lies in the confession of the defendant, and reflects his/her mistake, and closes down the gas station around February 2014.

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