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(영문) 부산지방법원 2014.03.27 2013고단7003

석유및석유대체연료사업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a constructor who performs works related to civil engineering in the construction site, and Defendant B is an employee of the Dju station located in Changwon City C and was the owner of E-Tank Tank.

No person shall supply, sell, store, transport, or keep petroleum products for the purpose of using them as fake petroleum products.

Nevertheless, around 09:00 on July 17, 2012, the Defendants conspired to sell to H 29,400,000 litress for vessels purchased from the owner of the vessel in his name in the G gas station located in Busan Seo-gu, Busan, by using the tank glass vehicle of Defendant B for KRW 29,40,000, thereby using the petroleum products for vessel transit as fake petroleum products at the above G gas station.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol and copy of the Defendants, H and I

1. Each police statement made to I and J;

1. A petition for accusation or accusation;

1. Each copy of the tax invoice, deposit details of passbook, and shipment slip;

1. Copies of the results of requesting the analysis of ingredients;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching, etc. photographs of sampling in transit);

1. Article 44 subparagraph 3 of the same Act concerning criminal facts and Article 29 (1) 3 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more of the Criminal Act;