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(영문) 부산지방법원 2012.10.09 2012고단4883
석유및석유대체연료사업법위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Seized evidence 1 or 2 shall be confiscated;

Reasons

Punishment of the crime

The Defendant, in the “D gas station” operated by the Defendant in Busan Lan-gu, purchased a fake diesel mixed with luene and luththal oil from the luene, and sold approximately KRW 23,500,000 at the market price of approximately 13,000,000 in total from February 2012 to October 20 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes of each investigation report (No. 1, 5, 12 evidence submitted by the prosecutor);

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act;

1. The two types of punishment under Article 48(1)1 of the Confiscation Criminal Act (the circumstances favorable to the defendant / the defendant / the defendant / The amount of fake petroleum sold has reached 13,000 liters, and the amount of fake petroleum sold to the defendant / additional custody of 23,00 liter for the purpose of sale has been made for the purpose of selling, deceiving customers as if they were normal petroleum products, and selling fake petroleum again commits the crime of this case even though they had been punished twice for the same crime, taking into account the above circumstances, such as the motive, means and result of the crime, the defendant's age, character, character, environment, criminal records, and circumstances after the crime, etc., and all other circumstances, including the punishment conditions after the crime, the punishment of this case shall be determined as ordered.

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