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(영문) 대구지방법원 서부지원 2013.04.16 2013고단134
석유및석유대체연료사업법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B On February 24, 2009, the Changwon District Court was sentenced to 8 months of imprisonment for the violation of the Petroleum and Petroleum Substitute Fuel Business Act and 2 years of suspended execution on March 4, 2009, and the same criminal records were added to 3 times on March 24, 2009.

1. No one shall supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuels, or materials containing carbon and hydrogen in order to use them as fake petroleum products for manufacturing and using them as fake petroleum products;

Nevertheless, the Defendants conspired to sell softs to the market seller, and sold softs 1,043,000 liters to the market seller for the purpose of using it from the “F” of Defendant A’s operation in Busan-si from January 2012 to August 2012.

2. Defendant A

(a) A petroleum retailer who violates the Petroleum and Petroleum Substitute Fuel Business Act (1) shall not install or remodel business facilities for the purpose of manufacturing, etc. fake petroleum products;

Nevertheless, around August 10, 2012, the Defendant, at the “H gas station” operated by the Defendant in Daegu-gu Seo-gu G, remodeled the business facilities using pipes, such as linking the tank No. 1 and the tank No. 2, which is the gasoline storage tank of H gas stations, to the same main organic tank in order to manufacture fake petroleum products, and installing a closing valve on each tank pipe.

(2) No person shall manufacture, import, store, transport, keep, or sell fake petroleum products.

Nevertheless, the Defendant, at around 06:00 on September 1, 2012, in the “H gas station” operated by the Defendant in Daegu-gu, Daegu-gu, where approximately 15,00 literss are stored, in the 1st tank in which approximately 15,000 literss were stored, manufactured approximately 19,00 literss of fake petroleum products, and manufactured fake petroleum products to customers who mainly oil gasoline.

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