석유및석유대체연료사업법위반
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who operates a one-time sales store with a trade name "C" in Nam-gu, Nam-gu.
A person who operates a general retail shop shall not move and sell fuel oil, such as dump trucks, from among construction machinery under the Construction Machinery Management Act, to consumers, and shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.
Nevertheless, around 19:00 on May 23, 2016, the Defendant supplied 130 dump trucks which are construction machinery Eump trucks, using D freight vehicles, such as mobile oil supply vehicles of “C,” on the road before the comprehensive maintenance of (jum) Cheongdong-gu, Nam-gu, Chungcheongnam-gu, and sold them at the price of KRW 770 per liter.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A certificate of collection of each sample;
1. A certificate of petroleum sales declaration;
1. Application of Acts and subordinate statutes of investigation report (a copy of construction machinery register);
1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Articles 39 (1) 8 and 46 (1) 10 of the Petroleum and Petroleum Substitute Fuel Business Act (a point of selling light oil for construction machinery fuel), subparagraph 10 of Article 46 and Article 39 (1) 10 of the Petroleum and Petroleum Substitute Fuel Business Act (a point of violating business methods);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of a selective fine (such as the fact that there is no other criminal force except for the one-time fine due to the crime of violating the Road Traffic Act around 1997, and the sales volume of the same including the fact that there is no excessive amount of the same);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;