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(영문) 부산지방법원 서부지원 2017.11.21 2017고단534

석유및석유대체연료사업법위반

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[Defendant A] The defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant A is the representative of “F gas station” in Kimhae-si E, and Defendant B works as the site manager of the above gas station and has been in charge of all business, such as sales, delivery, inventory management, etc. of petroleum products.

1. No person shall manufacture, import, store, transport, keep or sell fake petroleum.

Nevertheless, around February 7, 2017, the Defendant: (a) loaded light and light oil in G’s storage tank, which is a vehicle moving and selling the oil station at the site of the port located in Gangseo-gu Busan port; and (b) sold fake petroleum products at KRW 672,075 from October 21, 2016 to April 13, 2017, by manufacturing the valves of the storage tank upper end of the storage tank and mixing them with light oil, in the manner of returning the valves of the storage tank 3 fuel; and (c) selling them with light oil at KRW 672,075; and (d) sold them by mixing them with light oil in the aforementioned method as stated in the list of crimes in the attached Table from October 21, 2016 to April 13, 2017.

Accordingly, the Defendant manufactured and sold fake petroleum products.

2. As the representative of the F station, Defendant A manufactured and sold fake petroleum products by the aforementioned method with respect to the Defendant’s duties at the date and place specified in paragraph 1, and at the place, Defendant B, an employee of the Defendant, in relation to the Defendant’s duties.

"2017 Highest 775"

1. On August 6, 2014, Defendant B made a false statement to the victim I by telephone at a place not opened on August 6, 2014, stating that “I would supply 160 drums via a 320 drums on the following day if the purchase price of the 320 drums is in cash, and will supply the remaining 160 drums on the following day to the 160 drums on the following day.”

However, in fact, Defendant B is a tax investigation conducted by a gas station which was operated at the time due to non-data transaction.