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(영문) 부산지방법원 2019.07.24 2019고단2548

석유및석유대체연료사업법위반등

Text

Defendant

A shall be punished by fine for negligence of KRW 3,000,000, and by fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

(a) A petroleum retailer that violates quality standards under the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum products that fail to meet quality standards;

Nevertheless, around 21:00 on October 5, 2018, the Defendant purchased 10,000 liter for ship without personal data from five parts located in the Dongcheon-dong, Busan, the Dong-gu, Busan, by using an oil tanker C around 10:0 on October 7, 2018, the Defendant sold 10,000 liter for ship transit of 0.31% of the sulfur content, which does not meet the quality standards (0.05%) in the flow line F in front of the Busan, Daegu Do-dong, and sold 12,100,000 liter for ship transit of 0.31%.

(2) No petroleum retailer in violation of distribution order shall supply petroleum products or alternative fuels in violation of the scope of business or business methods under which the sound distribution order of petroleum and alternative fuels is disturbed.

Nevertheless, the Defendant purchased petroleum products from oil refineriess, importers, or other general agencies, and sold them to gas stations, general retail stores, other general agencies, and direct consumers, and sold them by purchasing and selling them through a ship without material from persons with no name, as described in the above paragraph (1).

(b) No ship fuel supplier in violation of the Marine Environment Management Act shall supply ships with fuel oil exceeding 0.05% of sulfur content;

Nevertheless, the Defendant supplied light oil for vessels that meet the quality standards as described in paragraph (1).

2. The defendant B was negligent in exercising due care and supervision over the defendant's pertinent business against A, who is an employee of the defendant B.

(a).

The act as described in the subsection was committed.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of G and H;

1. The application of the identification and analysis request for sulfur content analysis, business registration certificate, F milk supply data, and electronic tax invoice statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Petroleum and alternative fuel.