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(영문) 부산지방법원 2017.07.20 2017고정1075

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. A person who intends to operate a petroleum sales business without registration shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of

Nevertheless, on May 31, 2016, the Defendant sold 32,000 liters via a petroleum product stored in a storage tank, which is a petroleum product stored in a storage tank, to D without being registered with the competent administrative agency, in Ulsan-gun B, Ulsan-gun, Ulsan-gun, the Defendant, and sold D through the same method 24,00 liters via a petroleum product around June 2, 2016, and around June 3, 2016, the Defendant sold 57,60,000 won via a total of 24,00 liters, including light oil around June 3, 2016 (720 won per 1 liter x total of 80,000 liters).

2. No person who sells petroleum products for the purpose of manufacturing fake petroleum products shall supply, sell, store, transport, or store petroleum products, petrochemicals, alternative petroleum fuels, or materials containing carbon and hydrogen in order to allow him/her to manufacture or use such petroleum products with fake petroleum products;

Nevertheless, the Defendant, despite being aware that D manufactures and sells fake petroleum products, sold a total of 80,00 liters via D with the aim of manufacturing fake petroleum products as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and D;

1. Application of Acts and subordinate statutes of a written confirmation (Investigation Records, 978 pages);

1. Article 46 of the relevant Act on criminal facts, Article 46 subparag. 2 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business (the point of a unregistered petroleum retail business), Article 10 subparag. 1 (the point of a unregistered petroleum retail business), Article 44 subparag. 3 and Article 29 subparag. 3 (the point of a sale of petroleum products, etc. for the purpose of manufacturing fake petroleum products) of the Petroleum and Petroleum Substitute Fuel Business Act, and the selection of fines;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.