Defendant 1 and 10 others

Gangwon-gu

Attorneys Jeon Soo-soo et al.

Defendant 1 is punished by imprisonment for two years, by imprisonment for one year and six months, by imprisonment for Defendant 3, by imprisonment for one year, by imprisonment for Defendant 4, by imprisonment for ten months, by Defendant 5 and Defendant 7, by fine for seven thousand won, by Defendant 6 and Defendant 8, by fine for three thousand won, by imprisonment for eight months, by Defendant 9 and Defendant 10, by fine for fifteen million won, respectively.

Defendant 5, 6, 7, 8, 10, and 11 fail to pay each of the above fines, each of the above Defendants shall be confined respectively in the old house for the period calculated by converting the amount of KRW 50,000 per day.

In case of detention days prior to the rendering of this judgment, 118 days for Defendant 1, and in case of Defendants 2 and 3, 129 days for each of the above Defendants shall be included in the above sentence.

However, the execution of each of the above punishment against the defendant 4 and 9 shall be suspended for two years from the date this judgment became final and conclusive.

Nos. 1 through 69, Nos. 70 through 80 from Defendant 3, No. 83 through 86 from Defendant 8, and No. 87 through 90 from Defendant 11 shall be confiscated respectively.

Defendant 5, 6, 7, 8, 10, and 11 are ordered to pay an amount equivalent to the above fine.

Defendant 4 and 9 shall be subject to probation, and 160 hours for Defendant 4, and 120 hours for Defendant 9 shall be ordered to provide community service.

Defendant 1 was sentenced to a fine of KRW 2.5 million for a violation of the Petroleum Business Act at the Daegu District Court on September 4, 1998; on July 26, 2007, after having been sentenced to a suspended sentence of ten months for special larceny, etc. at the Daegu District Court on July 19, 207; on November 17, 2006, Defendant 2 was sentenced to a fine of KRW 3 million for a violation of the Clean Air Conservation Act at the Daegu District Court on November 17, 2006; Defendant 3 was the manufacturer of pseudo petroleum products; Defendant 4 was the wholesaler of pseudo petroleum products; Defendant 1 was sentenced to a fine of KRW 1 million for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daegu District Court on November 14, 2006; Defendant 5 was the manufacturer of pseudo petroleum products; Defendant 6 and Defendant 2 was the employee of the Daegu District Court on July 26, 2007; and Defendant 1 was the employee of pseudo petroleum Products Act.

1. Defendant 1, 2, and 7 conspired with four Vietnames on the name of the non-indicted 1 as well as the four persons on the non-indicted 1, 2, and 7 to act as factory leasing, operating funds, purchase of raw materials, etc., Defendant 2 to act as factory management, product sales, etc., Defendant 7, and four persons Vietnam to act as manufacturing pseudo petroleum products, respectively.

From the Haman of July 2006 to the beginning of October 2006, 50 liters at the Gyeongju-gun, Sungju-gun, Sckdong Co. 1, Ltd. factory located in Gyeongju-gun, Sckdong (number omitted), “Non-indicted 1 Co., Ltd.”, 50,000 liters of tank 6,10,000 liters of tank 6,00,000 liters supplied by solvents suppliers using tank 2, pumps, etc., make Toluene and Melthol, and Macrothththr, and 18 liters of pseudo petroleum products by dividing them into steel containers, respectively, and then 1,500 copies per day average of pseudo petroleum products, and 1,000 through 24,000 through 290 Dozers of small products, and then sell pseudo petroleum products.

2. Defendant 1, 2, 4, and 7, with four above Vietnamese, as well as Defendant 1, 2, 7, and four above Vietnamese, as described in each of paragraph 1, and Defendant 4, in collusion, to take charge of the production of pseudo petroleum products.

From the early October 2006 to April 18, 2007, Nonindicted Incorporated Co. 1, in the same manner as described in paragraph (1), manufactures and sells pseudo petroleum products, in an average of 1,500 per day;

3. Defendant 2, 4, and 7 together with Nonindicted 4 and 4 of the above Vietnam, Defendant 2, 4, 7, and four of the above Vietnam, including Defendant 1, 4, 7, and 4, Vietnam, as described in each of paragraph 1, and Nonindicted 4, in collusion, to take charge of financial management roles.

From April 19, 2007 to June 1, 2007, Nonindicted Incorporated Co. 1, in the same manner as described in paragraph (1), manufactures and sells pseudo petroleum products, in kind, the average of 1,500 per day;

4. Defendant 2 and 4 conspired with Nonindicted 4 and four Vietnam to act as described in paragraph 2, together with each other.

From Jun. 2007 to July 19, 2007, Nonindicted Incorporated Co. 1, in the same manner as described in paragraph (1), manufactures and sells pseudo petroleum products, at the factory of Nonindicted Co. 1, an average of 1,500 per day;

5. Defendant 1, 2, and 3 together with the above four Vietnamese 1, Defendant 2, Defendant 3's factory management role, Defendant 3's product sales role, and the above four Vietnamese 3 will take charge of product production.

From July 20, 2007 to July 21, 2007, Nonindicted Incorporated Co. 1, in the same manner as that set forth in paragraph (1), manufactures and sells pseudo petroleum products, a pseudo petroleum product, and manufactures and sells a volume of 2,000;

6. Defendant 2, along with the above four Vietnamese, acted as a raw material supply, factory management, product sales, etc. by Defendant 2, and the above four Vietnamese, together with the above four Vietnamese, will act as a product production.

From July 22, 2007 to August 5, 2007, Nonindicted Incorporated Co. 1, in the same manner as described in paragraph (1), manufactures and sells pseudo petroleum products by manufacturing 1,500 per day an average of pseudoelcers and sub-prisers;

7. Defendants 2, 5, and 6 together with the above four Vietnamese four, as well as Defendant 2 and Defendant 5, as well as Defendant 5, in collusion, to act as a factory management, raw material supply, product sales, etc., and Defendant 6 and four Vietnamese, respectively, to act as a product production.

From August 6, 2007 to August 13, 2007, Nonindicted Incorporated Co. 1, in the same manner as described in paragraph (1), manufactures and sells pseudo petroleum products, in a manner as described in paragraph (1), the average of 1,500 per day;

8. Defendant 3 in collusion with Nonindicted 8 or 9

From September 2006 to August 13, 2007, the average of 2,400 per month of pseudo petroleum products by the method of selling 25,700 to 30,200 won per minute 1 1 pseudo petroleum products to retailers or general consumers who find the Defendant of pseudo petroleum products, such as Gaelcers and small parter, supplied by Nonindicted Co. 1 in the warehouse located in the Daegu-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City (number omitted) from the warehouse (number omitted), in the form of selling 2,400 won per annum to the non-indicted Co. 1 or small parter located in the Daegu Special Metropolitan City (number omitted);

9. Defendant 8

From July 2007 to August 13, 2007, pseudo petroleum products retailers of pseudo petroleum products, such as “Korean Pelelcers,” and approximately approximately 850 of the Section 1,120 of the Section 1, which were supplied from Nonindicted Co. 1 in the warehouse operated by the Defendant located in Daegu Northern-dong (number omitted) in the way of selling 28,000 to 33,000 won per set, to the general consumers who found the store in Daegu-gun-gun-gun, the warehouse of which was located at approximately 850 of the Section 1,120;

10. Defendant 9

A. From February 2, 2007 to August 5, 2007, 2007, a retailer or a general consumer who found the store from the above non-indicted 1 corporation, such as a retail store in the trade name non-indicted 1 corporation at the store in the Guro (number omitted) warehouse operated by the above defendant 3, selling pseudo petroleum products at the average of 2,400 per month in the manner of selling 33,000 won per Article 1, in a manner of selling pseudo petroleum products to the non-indicted 1 corporation or its warehouse;

B. From August 6, 2007 to August 13, 2007, the average monthly amount of 2,400 per month of pseudo petroleum products in the same manner as the warehouse operated by the above defendant in the Republic of Korea-U.S.-Eup located in the Republic of Korea-U.S.-U.S.-U.-Eup located;

11. Defendant 10

From April 2007 to July 2007, the above defendant sold pseudo petroleum products in a manner that sells 32,000 to 36,000 won per set to retail stores or the general consumers suffering from the defendant, who run retail stores located in the Daeyang-si Busan Metropolitan City, which are supplied by the non-indicted 1 corporation at the store operated by the non-indicted 1 corporation, for the purpose of selling 32,00 to 36,00 won per set at the store operated by the non-indicted 1 corporation.

12. Defendant 11 supplied pseudo petroleum products produced by Nonindicted Co. 1 Company at low prices by advertising the fact that he rents the above male (number omitted) factory owned by the Defendant to Defendant 1, and sold them at retail;

From July 15, 2007 to August 13, 2007, the above defendant's store located in the Daegu Seodong (number omitted) sold pseudo petroleum products average of 5 trillion won per day by selling pseudo petroleum products to general consumers who find the defendant by selling 32,000 won per 1 trillion won to the defendant's company.

1. Each legal statement of the defendant 5, 6, 8, 9, 10, and 11;

1. Each legal statement on each trial date, excluding the first trial date of the defendant 1, 4, and 7;

1. Partial statement consistent with the facts set forth in subparagraphs 1 through 4 of the judgment of Defendant 2, and partial statement consistent with the facts set forth in Article 8 of the judgment of Defendant 3

1. Each legal statement that conforms to the facts stated in the judgment of Defendant 3, 5, and Nonindicted 4

1. Each protocol concerning the interrogation of the Defendants and Nonindicted 11 and 12 by the prosecution

1. Each protocol concerning the suspect examination of the police against Nonindicted 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18;

1. Statement of the police statement on Nonindicted 19

1. Each statement or confirmation of Nonindicted 13, 14, 15, and 16

1. Statement of seizure of each police;

1. Each police investigation report: on the attachment of the available factory guidance (as stated in Articles 23 through 26 of the Investigation Record), “The particulars for calculating the sales amount of data” (as stated in Articles 106 through 115 of the Investigation Record), “unit price for supplying Defendant 8’s transaction partner” (as stated in Articles 292 through 295 of the Investigation Record), “the details of receipt of deposits in the account” (as stated in Articles 745 through 879 of the Investigation Record)

1. Details of transactions in the deposit account in the name of Nonindicted Co. 1, the register of incorporation (the investigative record No. 363), Nonindicted Co. 8 (the investigative record No. 472 through 496) and the result of sample seizure test and analysis (the investigative record No. 574 through 583)

1. Photographs (the pages 101 through 105, 123, 288 through 291, 301, 302 of investigation records);

1. Existing existence under subparagraphs 1 through 90 of this Article; and

1. Before the judgment on Defendant 1: Criminal records of the above defendant;

1. Article applicable to criminal facts;

A. Defendant 3 (paragraphs 5 and 8 of this Article): Article 44 Subparag. 3 and 29 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act

B. The remaining Defendants: Article 44 subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act, inclusive by Defendant, and Article 29 of the same Act [Attachment of Article 30 of the same Act to each point of the judgment as to the composition of each point of view, Defendant 1, 2, 4, 6, 7, and composition];

1. Selection of punishment;

A. Defendant 1, 2, 3, 4, 9: Selection of imprisonment

B. Defendant 5, 6, 7, 8, 10, 11: Selection of each fine

1. Concurrent disposition: Defendant 1;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation: Defendant 3;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse: Defendant 5,6,7,8,10,11;

Articles 70 and 69(2) of the Criminal Code

1. Calculation of days of pre-trial detention: Defendant 1, 2, and 3;

Article 57 of the Criminal Code

1. Suspension of execution: Defendant 4,9;

Article 62 (1) of the Criminal Code

1. Confiscation: Defendants 2, 3, 8, and 11;

Article 48(1)1 and 2 of the Criminal Code

1. Provisional payment order: Defendant 5,6,7,8,10,11;

Article 334(1) of the Criminal Procedure Act

1. Probation and community service order: Defendant 4, 9;

Article 62-2 of each Criminal Code, Article 59 of the Probation, etc. Act

Defendant 2 and his defense counsel asserted that the above Defendant was not guilty of the facts charged in relation to Article 5 and 6 of the facts charged, while he did not participate in the manufacture and sale of believers in Nonindicted Co. 1, 2007, even though he did not claim to Defendant 1 and Defendant 1 and (name omitted) in the tax issues related to the company.

However, Defendant 8 purchased approximately 20 million cost from July 30 to July 1, 200, the investigative agency (“Defendant 2”) from Nonindicted Co. 1 Co. 30, Defendant 2 purchased a new account in the name of Nonindicted Co. 2; Defendant 2 decided work hours; Defendant 2 transferred the price to the account designated by Defendant 2, including Defendant 31), and Defendant 2 was working at the factory entrance, and Defendant 4 and 5-day factory was closed due to control, and Defendant 2 purchased a new account from Defendant 2 to Defendant 7, and Defendant 1 stated to the effect that Defendant 2’s new account was not arrested (see, e.g., Supreme Court Decision 9Da1026, Aug. 2, 207).

1. Defendant 1, 2

When all the above Defendants manufacture and sell new Ba in the “(name omitted) company” located in the Elderly Military Service and discovered on April 2006, they moved the place to the above Sungju factory equipped with large-scale facilities and moved the place to the above Sungju factory for a long period of not less than one year (the output calculated on the basis of the volume of solvents purchase as revealed during the above period amounts to at least 12 million liter and converted the price into the market price, which would exceed about 10 billion won if converted into the market price, it is presumed that the amount exceeds 10 billion won if converted into the market price. Even though they obtained enormous illegal profits by manufacturing and selling the investigation record No. 106 pages of the investigation record and the police statement statement against Nonindicted 19, even though they obtained enormous illegal profits, they did not see how much significant criminal facts are closed, and thus, they do not choose any light of reflect nature, such as breaking their responsibility for the other party, and transfer it to the other party.

Furthermore, comprehensively taking account of the specific roles assigned to each person during the above period, details of the deposit and withdrawal of the sale of new shares, management status of the relevant accounts, and the statement of the personal records and other related persons including the accused, Defendant 1 appears to account for all illegal profits from the beginning, leading all criminal acts, such as the purchase of solvents and the taking charge of new sales. However, Defendant 1’s request for deduction of his/her participation from the investigative agency until he/she is arrested after the control (see Articles 409, 508 of the Investigation Records) and method, without being summoned the investigative agency’s summons until he/she is arrested, and thereby hindering strict judicial order to escape from his/her responsibility. Furthermore, even after being detained in a criminal trial with special larceny, Defendant 4 and Defendant 4, etc., who had been placed in the court of appeal, continued to manufacture new shares and charges through the Defendant 2’s mobile phone, etc., which had been put into custody in the court of appeal, and the Defendant’s new stocks and charges should be removed from the sentence of this case.

2. Defendant 3

From the beginning, Defendant 1, etc. was supplied with a large scale and distributed to intermediary wholesalers on a large scale, which is a manufacturing book, the company type wholesaler who was engaged in illegal manufacture. However, even though it was a short period of time, the company involved in illegal manufacture was also arrested, and the company's confidence or other things in storage in the warehouse were deducted, and even after the arrest, the company was arrested, and it seems that the company continued to sell the company through Nonindicted 8, etc. (see, e.g., Supreme Court Decision 638 pages of investigative records).

3. Defendant 4

In addition to the duration of participation in illegal manufacture, the execution of punishment shall be suspended on condition that probation and community service are imposed, considering the fact that the degree of participation is relatively low.

4. Defendant 9

In terms of the details of transactions of related accounts, it has been rarely supplied with a considerable amount of confidence for a long time, and the same power is two times and so the imprisonment is chosen, but it is not closely related with the defendant 1, etc. who is a manufacturing book, and the execution of a sentence is suspended on condition that probation and social service are imposed.

5. Defendant 11

Since it has been rarely unparticipation in the manufacture of new technology, it is possible to choose a fine, but it is not only the rental of a factory with the knowledge of the fact of illegal manufacture, but also the crime is not good in terms of sale after being supplied with new technology, so the amount of fine is high.

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-type