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(영문) 대구지방법원 2013.04.24 2013고정320
석유및석유대체연료사업법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person prosecuted shall keep fake petroleum products;

Nevertheless, the Defendant, at around 11:00 on May 18, 2012, kept 40 fake petroleum retail stores without trade names operated by the Defendant in Daegu Seo-gu, Daegu-gu, and stored 40 liters (17 liters per 17 liter) of fake petroleum products mixed with a petrochemicals in solvents, a petroleum product.

2. According to the records, on October 19, 2012, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Seo-gu District Court’s Seo-Support on October 19, 2012, and the above judgment became final and conclusive on October 27, 2012. The criminal facts of the above judgment are as follows: “Defendant sold a fake petroleum product in a daily average of 5 trillion won, such as selling it by receiving KRW 48,00,00 from April 6, 2012 to June 28, 2012, when operating a stop store in the Daegu Seo-gu, Daegu, Daegu, in a mixture of sub-puters and dilauta (hereinafter referred to as “17,00,000 won each) to an unspecified motor vehicle operator who wants to oil.”

According to the above facts, the defendant is acquitted in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act, since the same facts charged in this case are subject to a final judgment.

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