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(영문) 대구지방법원 2020.09.16 2020고단1281

석유및석유대체연료사업법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and two months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person who operates "D", which is a general petroleum retail store in Gyeongcheon-si, Gyeongcheon-si, and Defendant B is a person who operates "F", which is a general petroleum retail store in Gyeongcheon-si, Gyeongcheon-si.

1. The Defendants’ co-principal

(a) Violation of the Petroleum and Petroleum Substitute Fuel Business Act: No petroleum retailer selling oil, such as oil for automobiles, shall sell oil, etc. as fuel for automobiles, vehicles and machinery;

On April 22, 2019, the Defendants conspired to sell dump trucks to the borrower together, and sold dump trucks as fuel in the manner of selling dump trucks as fuel, using the G tank-based vehicle owned by Defendant A from 1069-2 on the Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-do, by using the G tank-based vehicle owned by Defendant A. 173.4 liters at the market price of 173,400 won.

From November 2018 to that time, Defendants conspired to sell 15,19.4 liters equivalent to KRW 14,373,400 at the market price of 14,373,400 as fuel for automobiles, as shown in attached Table 1.

(b) Violation of the Petroleum and Petroleum Substitute Fuel Business Act: No petroleum retailer that violates the scope of business shall supply or receive petroleum products or alternative fuels in violation of the scope of business or methods of business by petroleum retail business or by alternative fuel retail business, and no general retail shop shall sell petroleum products or alternative fuels to consumers who use dump trucks as fuel oil by means of delivery and sale;

Nevertheless, the Defendants, the operator of a general retail shop, sold the total amount of KRW 15,119,40,000, using the delivery sale method in the same manner as the date and place indicated in the above paragraph (a) at the same time and place as indicated in the above paragraph (a).

As a result, the Defendants conspired to sell petroleum products in violation of the business scope or business method by petroleum selling business or alternative fuel selling business.