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(영문) 인천지방법원 2013.04.08 2013고단1089

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is an individual enterprise that sells oil from the Dong-gu B Energy in Incheon City.

1. It is prohibited to sell light oil, secondary fuel oil, bio-carbon, bio-carbon, solvents, lubric oil, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles under subparagraph 1 of Article 2 of the Automobile Management Act, and vehicles and machinery prescribed by Presidential Decree;

Nevertheless, at the construction site of Yeonsu-gu Incheon Metropolitan City, the Defendant transferred 291 liters such as fuel to the freight vehicles (E) using the mobile storage tank (D) with the load capacity of 5 km from January 11, 2013 at the construction site of Yeonsu-gu, Incheon.

2. Methods of mobile sale or delivery and sale prescribed by Ordinance of the Ministry of Knowledge Economy shall be limited to selling vehicles with a load capacity of not more than three kiloliters to ordinary retail shops or end-consumers, and it is prohibited to move and sell fuel oil of dump trucks and concrete mixtures trucks among construction machinery;

Nevertheless, the Defendant moved 291 liters via a mobile storage tank (D) with a load capacity of 5§¯ on the cargo (E) at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the provisions of Acts and subordinate statutes to response as a result of a mobile storage tank completion inspection, field photograph and test;

1. Article 46 of the relevant Act on Criminal Facts, Articles 46 subparagraph 10 and 39 (1) 7 of the Petroleum and Petroleum Substitute Fuel Business Act, Articles 46 subparagraph 10 and 39 (1) 8 of the Petroleum and Petroleum Substitute Fuel Business Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;