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(영문) 대전지방법원 2016.04.29 2016고단850
석유및석유대체연료사업법위반등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, along with C, D, E, F, etc., recruited to operate a gas station which sells fake petroleum products as if they pass through, and sells them by mixing them with diesel oil.

1. Violation of the petroleum and alternative fuel business Act;

A. After the Defendant recruited as above, around 22:00 on August 5, 2014, the Defendant sold a fake petroleum product of KRW 340,00, including 85% of light oil and light oil, to customer I, which had been sold at that place. From July 1, 2014 to August 5, 2014, the amount equivalent to KRW 519,70,790,790, total price of fake petroleum products of KRW 322,994,965, total price of fake petroleum products, as shown in attached Table 1, from around July 1, 2014 to August 5, 2014.

B. After the Defendant recruited as above and around July 24, 2014, the Plaintiff sold 13,599.346 liter petroleum products, including 85% of diesel oil, to its customers without name, at the K station located in J, and around July 24, 2014. From around that time, from around August 22, 2014, the Defendant sold 416,304.472 liter petroleum products worth KRW 687,028,930,00, total price of fake petroleum products, as shown in attached Table 2, to August 22, 2014.

2. On August 5, 2014, the Defendant: (a) around 22:00, at H gas stations located in Gumi-si G on August 5, 2014; (b) around 85% of fake petroleum products, including light oil, to the victim I, who was a customer, who has oiled at the same place, was possessed with L 14 tons of cargo operated by the victim, as if it was genuine transit; (c) obtained the payment from the damaged person to obtain the delivery of KRW 547,000 from the victim.

3. On February 2014, from around April 5, 2015 to around April 5, 2015, the Defendant concealed the Defendant’s vehicle, etc. while residing in the residence of the Defendant of Daejeon Dong-gu Daejeon apartment No. 1, 206, by having C use the Defendant’s vehicle, etc., despite being aware of the fact that the said C had been serving several times due to robbery, etc., upon request by C, and upon being asked by C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor in the protocol concerning C;

1. Each protocol concerning the examination of suspect C by the police;

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