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(영문) 수원지방법원 2013.06.13 2012노5732
석유및석유대체연료사업법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal reveals that the Defendant was aware of the transit of oil from E at the time of receiving the oil from E, but the lower court acquitted all of the facts charged in the instant case. The lower court erred by misapprehending the facts.

2. The summary of the facts charged of the instant case: (a) the Defendant, from April 8, 201 to April 12, 201, operated a D gas station in Seocheon-gu, Seocheon-gu; (b) December 9, 2010; (c) December 15, 2010; (d) December 16, 2010; (e) December 18, 2010; and (e) purchased a large number of customers from unspecified customers with 0% of the total number of customers and 10% of the total number of customers and 10% of the total number of customers and 10% of the 40% of the 40% of the 00 liter-do, around January 3, 2011; and (d) around January 8, 2011.

3. The lower court found the Defendant not guilty on the ground that the facts charged in the instant case were proven to the extent that there is no reasonable doubt as to the facts charged, solely with the statements from H and E investigative agencies, which appears to correspond to some of the facts charged in the instant case, and other evidence submitted by the prosecutor.

4. Judgment of the court below

A. The Defendant’s assertion that he was aware that he was supplied with non-data transit from E and sold it, and that he was unaware of this fact, the Defendant denied the criminal intent for the sale of similar transit.

B. In full view of the evidence duly admitted and examined by the court below and the court below, the following facts can be acknowledged.

① E, along with L, leases four oil storage tanks and four oil storage tanks in Pyeongtaek-siO, Co., Ltd., Ltd., with L, from July 2010 to February 17, 201, from L, etc., for four oil storage tanks and four oil storage tanks in Pyeongtaek-siO, respectively. The ratio of 60% of beer oil and care, which are raw materials for similar diesel oil, purchased from his/her name durgr, and then 60% of beer oil and 40% of the solvents date.

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