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(영문) 대구지방법원 2014.02.21 2013고단4993
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a director of “C” to raise C’s operating funds, such as C’s establishment funds and funds for purchase of solvents, and D is the representative director of “E stations” who is the president of “C,” and F is the representative director of “G.”

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

Nevertheless, in collusion with D and F, the Defendant: (a) conspiredd with D and F to sell Socs to the market seller; and (b) sold soceners 1,043,000 lives for the purpose of having D’s operation C located in Silsan-si from January 2012 to August 2012 as fake petroleum products.

2. The proof of guilt should be based on strict evidence that has probative value, which leads to a conviction to the extent that there is no reasonable doubt, and if the prosecutor’s proof is not sufficient, the defendant’s assertion or defense may be dismissed, etc.

Even if the interests of the defendant should be judged.

However, according to the records of this case, there is a doubtful large amount of money transaction between the defendant and D, and there is a doubtful circumstance that the defendant is not actually involved in the D's business, such as being registered as the inside director of C, which the defendant operated D, but there is no sufficient proof of the facts charged of this case.

On the other hand, there is no other evidence to deem that the Defendant participated in the crime of distributing fake products in collusion with D, etc. with the knowledge of the fact that he/she dealt with and sells scambs with the intent to make the Defendant manufacture or use fake petroleum products in C.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, it is by the latter part of Article 325 of the Criminal Procedure Act.

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