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(영문) 대구지방법원 2016.05.12 2016고단884

석유및석유대체연료사업법위반

Text

Defendant

A A Fine of 5,00,000 won, Defendant B of 3,000,000 won, Defendant C of 8 months, and Defendant D of .

Reasons

Punishment of the crime

Defendant

C is the operator of the "F" petroleum retailer in Busan City, and the defendant D, A, and B are the employees of the above company.

Although a petroleum retailer is not allowed to sell oil as fuel for a motor vehicle, the defendant C intended to instruct the sale of oil and receive the sale proceeds of oil from the driver of the motor vehicle, the defendant D intended to instruct the delivery of oil to the defendant A and B after receiving the order telephone from the driver of the motor vehicle, and the defendant A and B intended to serve as a delivery of oil for dump truck drivers.

Defendant

C and D ordered the delivery of oil to Defendant A and B at the above F office on July 15, 2015, and Defendant A and B, around 21:40 on the same day, around 21:40 on the same day, 100 litress for H dump trucks using G home-based oil in front of Daegu and abused dormitories located in 109, Daegu Northern-gu, Daegu, 109.

From around that time to January 23, 2016, the Defendants sold dump truck drivers a total of 65,327 literss over 304 times, such as the list of crimes in the attached list of crimes.

As a result, the Defendants conspired to sell the oil as fuel for the automobile.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Each investigation report (in relation to the situation of dispatch, etc. to the site, printing out the contents of conversations between suspect A mobile phones, attaching copies of the consignment management contract on the G vehicle, attaching copies of the consignment management contract on the G vehicle, attaching books, such as photographs, etc., attaching account records used for the transaction of oil price, etc., and attaching copies of

1. Police seizure records and list of seizure;

1. Responses with results of testing and analysis;

1. Application of statutes governing field enforcement photographs;

1. Defendants of the relevant Act on criminal facts: Articles 46 subparag. 10 and 39 subparag. 8 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (including the Defendants).

1. Defendant A, B, and D: Defendant C who is subject to a fine: Imprisonment with prison labor;

1. Defendant A, B, and D, detained in a workhouse: Article 70 of each Criminal Code.