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(영문) 수원지방법원 여주지원 2018.01.23 2017고단1487
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to imprisonment for 4 years and a fine of 2.5 million won by violating the Petroleum and Petroleum Substitute Fuel Business Act at the Seoul High Court on April 14, 2017, and the judgment became final and conclusive on April 22, 2017.

The defendant is the actual operator of the D'D gas station, E is the representative under the name of the defendant, and F is the employees of the above gas station, G, H, and I respectively.

No person shall manufacture, import or sell similar petroleum products.

Nevertheless, from February 20, 201 to April 19:00, the Defendant, in collusion with E, F, G, and I, manufactured and sold approximately 389,649 liters by mixing light oil, etc. with approximately 80-90% of light oil, etc. at the above gas station from February 20, 201 to April 7, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. A protocol concerning the examination of suspects of the prosecution against I, H and J;

1. Investigation reports (the report on the supplement of the results of the quality inspections of petroleum products) and the forwarding of the results of the quality inspections of petroleum products;

1. Investigation report (report and sentence attached to the summary order, etc. to the accused);

1. Inquiry about criminal history;

1. A written accusation;

1. Forwarding the results of quality inspections of petroleum products;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Attachment of output, such as sales details data);

1. Transmission of the results of joint quality inspections of petroleum products;

1. Application of Acts and subordinate statutes to the police interrogation protocol to I, H, E, F, and G;

1. Article 44 Subparag. 3 and Article 29(1)1 of the Act on the Punishment of Offenses and Substitute Fuel Business; Article 30 of the Criminal Act; the choice of imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Act that treats concurrent crimes: (a) the scale of the reason for sentencing under Article 39(1) shall be considered to be an unfavorable condition; (b) the fact that the sentencing is recognized and contradictory to the situation; (c) equity with the case where all criminal facts have been tried together with a final judgment; and (d) the sentencing conditions under Article 51 of the Criminal Act, such as the defendant’s age, sexual conduct, environment,

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