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(영문) 부산지방법원 2020.02.19 2019고단5737

석유및석유대체연료사업법위반

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 15 million won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of marine oil sales business in Busan Jung-gu, Busan, and registered for petroleum sales business (general agency) with the Busan Metropolitan City Mayor on December 27, 2007, and Defendant A is the representative director of Defendant B.

1. A general agency among defendant A petroleum retail business 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 providing or being supplied with petroleum products or alternative fuels in violation of the scope of business or methods of business operation;

Nevertheless, around June 12, 2018, the Defendant sold to G (6,422 to G (6,422 tons) affiliated with F Co., Ltd. of F Co., Ltd. of F Co., Ltd. of KRW 11,723,199 by taking advantage of E 10,000 liters (ship heavy oil) purchased from petroleum retail retail on the ground of the apartment fraternity located in Gangnam-si, Gangnam-si, Gangwon-si, and around May 15, 2019. From that time, the Defendant sold petroleum products of KRW 3,468,543 liters purchased from petroleum retail on the aggregate of KRW 2,398,324,148 on a total of 48 occasions, as shown in the list of crimes in the attached Table, from May 15, 2019.

As a result, the 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 date and place specified in paragraph (1), Defendant B, a representative of the Defendant, committed a violation as stated in the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of each police suspect against the defendant A;

1. Full certificate of registered matters;

1. List of checking whether activities are prohibited;

1. The mixed ratio table by kind, the shipment slips, each electronic tax invoice, each shipment slips, the list of total tax invoices by seller and seller, and the list of total tax invoices by seller and seller;