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(영문) 인천지방법원 부천지원 2016.05.31 2016고단709
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and C committed the crime of storage of similar petroleum is a person who operated the oil sales chain D from around 2008 to January 201, 2016, along with C, with the wife E.

On May 8, 2015, the Defendant conspiredd with C, and kept approximately 2,00 liters via similar petroleum products, which combine approximately 90% of petroleum products, such as other petroleum products, in a storage tank installed in H vehicles, a mobile selling vehicle operated by the Defendant, at the G construction site located in Cheongyang-gun F, Chungcheongnam-gun, Chungcheongnam-gun, and approximately 10% of the petroleum products, which are similar petroleum products.

Accordingly, the defendant, in collusion with the above C, did not perform any act in custody with the knowledge that he was a similar petroleum product, but stored similar petroleum products as above.

2. On July 1, 2013, the Defendant sold approximately KRW 114,69,415 won per liter of the total market price of similar petroleum products, which is similar petroleum products mixed with approximately 90% of petroleum products, such as other petroleum products, at the construction site above, to I who manage the vehicle at the construction site at approximately 1,650 liters. From around that time to May 8, 2015, the Defendant sold approximately KRW 190,09,415 won in total to the said I in the same manner as shown in the list of crimes in attached Table 32 times from that time.

As a result, although anyone is not allowed to sell similar petroleum products, the Defendant sold similar petroleum products as above.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. A protocol concerning the examination of the suspect of the accused;

1. A protocol concerning the examination of a suspect to be examined by the public prosecutor C (including the I's statement);

1. Each prosecutor's statement made to J and I;

1. The K's statement;

1. Already the results of the quality inspection of petroleum products;

1. Application of Acts and subordinate statutes to inspections and photographs of quality of aggregate extraction sites;

1. Article 44 subparagraph 3 of the Act on the Punishment of Crimes and Article 44 and Article 29 (1) 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business

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