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(영문) 인천지방법원 2016.10.13 2016고단5382
석유및석유대체연료사업법위반
Text

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

Reasons

Punishment of the crime

The Defendant purchased pseudo petroleum products manufactured by the pseudo Petroleum Products Manufacturing Business Operator F, G, H, etc. and supplied them through transportation I, etc. as the operator of the ESS station in Seocheon-si, Seocheon-si, the Defendant had expressed an intent to sell pseudo petroleum products to many unspecified customers as if they were refined gasoline.

Around July 2010, the Defendant: (a) around July 2010, manufactured by the foregoing E station; (b) sold pseudo petroleum products 20,000 won at the market price of pseudo petroleum products from March 2010 to July 2010, by mixing 20,000 liters with refined gasoline and 2:1 in storage tanks, as if they were normal gasoline to many customers using the said gas station; and (c) sold approximately 3450,00 won at the market price of pseudo petroleum products from March 2010 to July 2010.

Accordingly, the Defendant sold pseudo petroleum products.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against Defendant G, I, J, and K by the prosecution;

1. Each prosecutor's interrogation protocol concerning I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 44 Subparag. 3 and Article 29 of the Act on Criminal Facts and Articles 44 Subparag. 3 and 29 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 10353), the grounds for sentencing choice of imprisonment

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area ( August-1 and June) of the types of fake petroleum products (general size of not less than 50,000 liters and less than 50,000 liters) (the scale of not less than 50,000 liters) and the sale, etc.

2. The fact that, when using pseudo petroleum products determined to be sentenced as fuel of automobiles, serious social problems, such as the emission of environmental pollutants, disturbance of distribution order of petroleum products, tax evasion, etc., the quantity of pseudo petroleum products sold is significant, and approximately six times (two times among them, a violation of the Petroleum Business Act) has a record of criminal punishment throughout the period of time, and the fact that a person escaped without complying with an investigation for a long time, was under the influence of committing an offense.

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