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(영문) 의정부지방법원 2013.08.27 2013고단2011
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From December 1, 2012 to January 23, 2013, the Defendant is a person who actually operates a trade name E with the wife population D. While no one manufactures, imports, stores, transports, keeps, or sells fake petroleum products, no one shall manufacture, import, transport, store, or sell fake petroleum products, but from December 1, 2012 to January 23, 2013, he/she manufactured a tank truck with a tank truck installed on the unclaimed road and made a mixture of tank oil with light oil or mixing lub oil with light oil by removing the partitions of the storage tank, and during the foregoing period, he/she sold 187,50 liter petroleum equivalent to the market price manufactured by the aforesaid method from a G garage located in the Gurisi, thereby selling them to the said G.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Each police statement to I, J, and K;

1. Police seizure records;

1. The information about the results of the primary selection test of petroleum products, the quality of the petroleum products, and the result of the test for distribution;

1. Copies of seized alcoholic beverages, credit card sales slip, card transaction details, H Nong AC Account transaction details, and transaction details with G E;

1. Suspect operational tank photographs, arrest process photographs, G garage photographs, tank cromatic photographs, and engine log photographs;

1. Application of the Act and subordinate statutes to the investigation report;

1. Article 44 of the relevant Act on criminal facts and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (the manufacture and sale of fake petroleum products, collectively, and the selection of imprisonment with labor);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 48(1)1 of the Confiscation Criminal Act provides that “[t]he production of pseudo petroleum products shall not be sentenced to provisional return, increase in the number of articles 3 and 4 as they are discarded, and the act of sale may cause not only environmental pollution caused by the emission of exhaust gas, but also human damage caused by explosion.”

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