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(영문) 부산지방법원 동부지원 2013.08.27 2013고단1877
석유및석유대체연료사업법위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture, import, store, transport, store or sell fake petroleum products;

From June 2012 to January 17, 2013, the Defendants purchased fake petroleum of KRW 1,550 per liters by using two 3,00-liter vehicles in the early storage room of container room in Busan metropolitan Daegu, using 3,000-liter capacity of home-ro vehicles in the capacity of 3,000-liter, and sold them to freight drivers. From June 2012, the Defendants kept 3,000-liter petroleum of KRW 316,236,174 and sold them, as shown in the annexed crime sight sheet, such as storing 3,00-liter petroleum of KRW 208,042.

2. Defendant A’s violation of the Specialized Credit Financial Business Act, even if the credit card merchant is not a credit card merchant, was leased from the end of May 2012 to January 17, 2013 by the said container stuff to the E- gas station operated by D, and during the said period, sold a total of 63,446 liter’s fake transit to the truck driver, and then traded a credit card transaction with a total of 106,589,954 won, less than 9% of the fee, and received from D in cash.

Accordingly, the Defendant made a transaction by credit cards, etc. in the name of credit card merchant even though it is not a credit card merchant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. Investigation report (Attachment of the result of test and analysis);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 44 Subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, Article 70(2)6 and Article 20(2) of the Specialized Credit Financial Business Act (the point of transaction of credit card in the name of credit card merchant, the choice of imprisonment): Defendant B: Article 44 Subparag. 3 and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act, the Criminal Act

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