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(영문) 대전지방법원 천안지원 2013.07.18 2012고정979

액화석유가스의안전관리및사업법위반

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The defendant shall be innocent.

Reasons

1. The summary of this part of the facts charged was provided and used by the Defendant from around 2008 to a person who operates a “D” restaurant in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City, by purchasing liquefied petroleum gas (LPG) necessary for the operation of a restaurant from E, a liquefied petroleum gas dealer.

No one shall alter gas supply facilities or gas-using facilities without obtaining consent from collective supplier of liquefied petroleum gas, liquefied petroleum gas dealer, or liquefied petroleum gas user.

On May 20, 2012, the Defendant: (a) changed a liquefied petroleum gas dealer; (b) removed one gas pipeline from the E-gas supply facilities owned by E installed in a “D” restaurant without the consent of E.

2. Determination

A. There is a statement in F’s investigative agencies and this court as evidence that seems to correspond to the facts charged in this part, and the purport of which is that the Defendant removed one gas pipeline, such as a nine on-site photo of the investigation record around May 20, 2012.

However, the police stated that he/she had taken the above photo on his/her own site around May 20, 2010, but in this court, he/she first made a statement to the effect that he/she visited the D restaurant site after being notified that he/she was replaced by a gas supply business entity, and again made a statement that he/she had visited the D restaurant site around May 19, 2010 and was already removed on the 20th day of the same month after being notified of termination on May 19, 2010. On the other hand, the above photograph was taken by an employee who visited the site first of the A.M. on the same day, and that he/she made a statement to the effect that he/she had taken the above photo at the time of receipt of the written complaint ( around June 18, 2012).

On the other hand, G around May 20, 201, which performed the work of installing gas pipelines at D cafeterias around May 20, 201, was the part of the instant gas pipelines connected to measuring instruments outside the room at the time of construction in this Court, and was left without the site, and was the part of the consumption facilities.