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(영문) 대구지방법원 2014.05.28 2014고정771

석유및석유대체연료사업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

C is a person who operates a gas station in the name of "E" in Daegu Dong-gu, Daegu, and the defendant A is an employee of the above E gas station.

1. Defendant A

(a) No petroleum retailer shall sell light oil as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree;

Nevertheless, at around 10:10 on June 28, 2013, the Defendant sold 158 liters oil to the I Pokele in the G construction site located in Daegu-gu F, Daegu-gu, by using H vehicles that are mobile-sale vehicles.

(b) No person shall manufacture, import, store, transport, keep, or sell fake petroleum products;

Nevertheless, the Defendant kept, at the above date and place, a fake petroleum products in which approximately 20% of oil, including, but not limited to, 150 liters via a mobile storage tank for H vehicles, are mixed.

2. Defendant C, an employee of the Defendant at the above date, time, and place, sold fluoral oil as above to the Defendant’s business as fuel of fluor and kept fake petroleum products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Forwarding the results of the quality inspection of petroleum products, quality inspection report, sample collection confirmation for quality inspection, on-site inspection data, check of compliance with the order of petroleum distribution, questioning response to the Petroleum and Petroleum Substitute Fuel Business Act, investigation report (verification of relative to the manufacturing plant of the current atmosphere), investigation report (verification of relative suspect's statement by the specialized shop), investigation report (verification of relative suspect's statement by the specialized shop), and application of Acts and subordinate statutes to the

1. Defendant A of the relevant criminal facts: Articles 46 subparag. 10, 39 (1) 7 (the fact that a light oil is sold as fuel for a motor vehicle), 44 subparag. 3, and 29 (1) 1 (the fact that it is stored as fake petroleum products) of the Petroleum and Petroleum Substitute Fuel Business Act, and Defendant C who is selected as a fine for each crime: Articles 48, 46 subparag. 10, and 39 (1) subparag. 7 (the fact that a light oil is sold as fuel for a motor vehicle) of the same Act, and Articles 48 and 44 of the same Act;