[석유및석유대체연료사업법위반] 항소[각공2008하,1604]
If the ratio of 5:5 is mixed, it is immediately possible to see it as pseudo petroleum products under the Petroleum and Petroleum Substitute Fuel Business Act in a case where only the oil storage tank is manufactured and stored without mixing subpoper and elelacoper as fuel for automobiles, etc. (negative)
Since small and medium-sized petroleum products under the Petroleum and Petroleum Substitute Fuel Business Act can only be used as fuel for automobiles, etc. only when they can be used as fuel for automobiles, etc. only when they are mixed with the ratio of 5:5. Thus, in the stage of manufacturing small and medium-sized petroleum products and storing fuel storage tanks respectively, pseudo petroleum products are not yet completed but merely an half-finished product for pseudo petroleum products. Therefore, if the small and medium-sized petroleum products distributed under Article 1 are not simply manufactured and kept, but the small and medium-sized petroleum products are not simply manufactured and stored in the oil storage tank, and the small and medium-sized petroleum products are not considered as pseudo petroleum products under Article 2 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act even if they were intended to use them as fuel for automobiles, etc., and if it is interpreted as pseudo petroleum products, it violates the principle of no punishment without law as a expanded interpretation of the provisions of law.
Article 2 Subparag. 10, Article 29, and Article 44 Subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act
Defendant
Kim Jong-hun
Law Firm Cheongn Law, Attorney Lee Dong-soo
A defendant shall be punished by imprisonment for not less than eight months.
The 80 days of detention before this judgment is sentenced shall be included in the above sentence.
The charge of violating the Petroleum and Petroleum Substitute Fuel Business Act due to the manufacture and storage of pseudo petroleum products in the facts charged in the instant case is acquitted.
On October 18, 2006, the Defendant was sentenced to a suspended sentence of 2 months for the crime of violation of the Road Traffic Act at the Busan District Court sentenced to a suspended sentence of 6 months at the Busan District Court on April 26, 2008. Around March 19, 2008, the Defendant (mutual omitted) operated by the Defendant in the Busan Seo-gu (hereinafter omitted), which sells vehicles and similar petroleum products without a normal business entity, sold to the non-indicted selling non-indicted (mutual omitted), each metal cans (18 liters per can, 15,40 won per can, 1 cans, 15,400 won) using the oil storage tank connections of each iron cans and containers (10 10 Du1401, 601, 1000) using each iron cans and car cans to be sold in a way that can be used as automobile fuel if mixed with the gas and lauter's 5:5 percent per day.
1. Partial statement of the defendant;
1. Legal statement of the Nonindicted Witness
1. Statement of each prosecutor's office and police interrogation protocol regarding the defendant and the non-indicted person
1. Entry into the protocol of seizure;
1. Statement of investigation report (the result of inspection on the control of non-petroleum business operators);
1. Records before judgment: Records of criminal records;
1. Article applicable to criminal facts;
Article 44 subparagraph 3 of Article 44 and Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act)
2. Handling concurrent crimes;
The latter part of Article 37 and Article 39(1) of the Criminal Act
3. Inclusion of days of pre-trial detention;
Article 57 of the Criminal Act
1. Summary of the facts charged
From January 23, 2008 to March 19, 2008, the Defendant equipped with the oil storage tank 8 (24,000 liter per week) in a company (trade name omitted) operated by the Defendant (hereinafter omitted) operated by the Defendant, with the equipment of the oil storage tank 8 (24,000 liter per week), stored in the oil storage tank in the above oil storage tank, and stored Toluene (material containing carbon and hydrogen) and merium (petroleum product) in the above oil storage tank, and stored them in the above oil storage tank, and then operated the connecting pipes for the purpose of selling them as vehicle fuel, and stored them in the above oil storage tank with the total market price of 1:12,55 liter, 56,380 liter, and the above oil storage tank equivalent to 1060,1571,2570 liter, 2701,5710,570 liter and 2510,5715 liter,281,15
2. Determination:
According to Article 2 subparagraph 10 of the Petroleum and Petroleum Substitute Fuel Business Act, pseudo petroleum products shall meet two requirements, such as ① mixing petroleum (chemical) products with other petroleum products, ② manufacturing for the purpose of using or allowing others to use as fuel for automobiles, etc.
In the instant case, according to the records, the smaller and the Helcer itself can only be used as fuel for automobiles, etc., and it can only be used as fuel for automobiles, etc., and pseudo petroleum products can only be used. Thus, pseudo petroleum products are not yet completed at the stage of manufacturing the smaller by using Toluene and Melath, and then storing the smaller in the oil storage tank or storing the Aelcer in the oil storage tank.
The court found the Defendant guilty on the following grounds: (a) the sales of small and medium-sized petroleum products by mixing small and medium-sized petroleum products in one form constitutes the sales of pseudo petroleum products; (b) however, it is possible to use small and medium-sized petroleum products as fuel for automobiles, etc. if so, by mixing small and medium-sized vehicles and Aeluter in 5:5 percent; (c) the Defendant anticipated that small and medium-sized vehicles will be used as fuel for automobiles, etc.; (d) sold small and medium-sized cans and Aeluter 1 can be used as fuel for automobiles, etc.; and (e) the products consisting of Article 1 is not distributed separately, but can be used as fuel for automobiles, etc. if they are simply mixed without the need to undergo a separate processing process, and there is no reason to treat them differently from finished products.
However, if the product is not manufactured and stored in the form of distribution consisting of Article 1 as above, but simply manufactured and stored a smaller in the oil storage tank, and kept a Meelner, even if there was an intention to use it as fuel such as automobiles, the above smaller and Meelth cannot be deemed as a pseudo petroleum product, and if it is interpreted as a pseudo petroleum product, it would violate the principle of no punishment without law as an extended interpretation of legal provisions.
Therefore, the above facts charged on the premise that a smaller manufactured and stored in the oil storage tank and a Meelner are pseudo petroleum products constitutes a case where there is no proof of crime, and thus, the judgment of not guilty under the latter part of Article 325 of the Criminal Procedure Act is to be rendered.
It is so decided as per Disposition for the above reasons.
Judges O Young-gu