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(영문) 부산지방법원 2020.10.14 2020고단2079

석유및석유대체연료사업법위반

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of thirty million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Defendant B, who runs a petroleum sales business after registering a "general agency" in Busan City from December 7, 2016.

1. No petroleum retailer of Defendant A general agency shall engage in any conduct that undermines the sound distribution order of petroleum and alternative fuels by supplied or being supplied with petroleum products by other general agencies, gas stations, general retail shops, or end-consumers after being supplied with petroleum products by petroleum refiners, petroleum exporters, or other general agencies, in violation of the scope or methods of business by petroleum retail business to be sold;

Nevertheless, around December 1, 2016, the Defendant supplied petroleum products in violation of the scope of petroleum sales business or business methods by selling 33,000 liter oil for non-data ships purchased from the non-resident of the name, to E using an oil tank C, a ship owned by D Co., Ltd. using an oil tank. From that time to October 11, 2019, the Defendant supplied petroleum products in violation of the type of petroleum sales business or business methods by selling 1,845,40 liter oil for non-data ships (used oil), 10,395,60 liter oil for non-data ships for 498 times, such as the content of the attached list of crimes in the same manner from October 11, 2019.

2. Defendant B Co., Ltd. supplied petroleum products in violation of the business scope or business methods by petroleum selling business as above with respect to the Defendant’s business, at the same time, at the place, and at the actual representative of the Defendant’s business.

Summary of Evidence

1. Each of the statements made by the police officers against Defendant A’s legal statement F, G, H, H, and I and each of the statements made by the police officers with respect to the F, H, M, N,O, P, Q, Q, Q, S, T, U, V, X, Y, Z, AAB, AC, and AD and the list of seizure;

1. Collection photographs, each fuel oil supply and receipt certificate, each petroleum oil takeover certificate, each petroleum product sales and receipt certificate, the business registration certificate related to harbor transport, the petroleum selling business registration certificate, and B I.