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(영문) 부산지방법원 2020.02.20 2019고단6132

석유및석유대체연료사업법위반

Text

Defendant

A shall be punished by fine for negligence of KRW 30,000,000, and by fine of KRW 20,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of oil wholesale and retail business, etc. in Busan Jung-gu 5th floor C building D and registered with the Busan Metropolitan City Mayor on January 10, 2012, and Defendant A is the representative director of the above B Co., Ltd.

1. A general agency retail business operator for defendant A shall be supplied with petroleum products by petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and no person shall commit any act that undermines the sound distribution order of petroleum and alternative fuels by supplying or being supplied with petroleum products or alternative fuels in violation of the scope or business methods of each sales business;

Nevertheless, around June 12, 2018, the Defendant sold 10,000 liters (MGO) for ship purchased from the petroleum retail on his/her name-free petroleum on the 5th section of Busan Port located in the Dongcheon-dong, Busan, to the F (F (1,623 tons) affiliated with E Co., Ltd. for 12,943,150 won. From that time until February 13, 2019, the Defendant sold petroleum products 2,45,000 won purchased from the petroleum retail on the 36th sum of 2,248,093,265 won in total.

As a result, the above Defendant committed an act detrimental to the sound distribution order in violation of the scope of sales business or business methods.

2. Defendant B, at the time and place specified in the above paragraph 1., the above Defendant, a representative of the above Defendant, committed a violation as stated in the above paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of the defendant A;

1. Protocol of the police statement concerning G;

1. Each report on internal investigation:

1. Investigation report (the results of the A mobile phone digital siren analysis), investigation report (the confirmation of whether the ship is the ship's engine);

1. Copy of the corporate register, all of the registered matters, and