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(영문) 광주지방법원 순천지원 2020.06.11 2018고정490

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 50 days shall apply.

Reasons

Punishment of the crime

The Defendant is a person who is an employee of “C gas station” in B at all times.

On March 19, 2018, at around 13:33, the Defendant: (a) received an order for delivery of the transit to be used in the accelerator, which is a construction machine used by the Construction Site Co., Ltd. (hereinafter referred to as the “Fpoter”) and released 500 L, respectively, from the gas station tank at the gas station tank at around 13:32 on the same day; (b) sold fake petroleum products (such as, etc. 45%) 415 L, which combines the transit oil with the gas at the above construction site at around 14:30 on the same day; (c) sold fake petroleum products (such as, etc. 45%) 350 L; and (d) fake petroleum products (such as, etc. 40% oil) such as I digging machines, each fake petroleum products (such as, etc. 40% oil); and (d) sold them by mixing them with 1037 L, such as fake petroleum products, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to J police officers;

1. The current status of sales of internal investigation reports (K telephone survey of the head of the D construction site), internal investigation reports (L, gas stations and M delivery sites), and limited gas stations by item, the current status of inventory of gas stations by item of L gas stations, Narna boiler boiler boiler photographs, mobile tank photo;

1. Determination of the defendant's assertion of E trading place and main use records, and communication confirmation data inquiries and replies

1. The summary of the assertion is likely to have been partially mixed with the actual oil at the time of being milked in the digging season, but it is not limited to the Defendant by intentionally mixing 40 to 45% of the total oil as indicated in the instant facts charged.

2. Determination

A. According to the state organic use records of C gas stations where the Defendant works, light oil and light oil were released in C gas stations at around 13:32 minutes immediately before the gas stations on the day of the instant case, each of 500 literss, and the transaction records of C gas stations at around 14:30 minutes prior to the gas stations on the day of the instant case stated that light oil and light oil were mainly stored in three for C gas stations at around 14:30 minutes at around 14:0.

On the next day of the case, it was found that all the inspection results of oil contained in three above ruptures were mixed with 40 to 45% light oil.

B. In this regard, the Defendant.