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(영문) 서울중앙지방법원 2017.09.19 2017고정2093

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who moves and sells light oil using B Home Ri (1.625 liter) vehicles.

1. Any person who intends to engage in petroleum sales business means a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) as prescribed by Ordinance of the Ministry of Information and Communication;

(hereinafter the same shall apply) shall be registered.

Nevertheless, from April 2016 to February 21, 2017, the Defendant, using B home-ro parking lots located in Gyeyang-gu, Seoyang-gu, Gyeonggi-do to sell petroleum without registration against the non-cargo drivers in the name of the average of KRW 1.2 million.

2. No one shall sell heavy oil, secondary fuel oil, bio-carbon carbon, and solvents which obstruct the sound distribution order of petroleum and alternative fuels as fuel for gasoline or light oil;

Nevertheless, on February 21, 2017, at the parking lot located in Gyeyang-gu, Seoyang-gu, Gyeonggi-gu, Gyeonggi-do, the Defendant sold food EXE fluor (EC-X + 123,480 won) at the same time on E dump trucks owned by D, other than the instant vehicle, which is a light truck, the fuel sale of which is prohibited by using the home-ro under the above paragraph (1).

From April 2016 to February 21, 2017, the Defendant sold 1.2 million won per day average to the drivers of vehicles without their names from April 2016 to February 21, 2017, and sold her oil as fuel for vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Each investigation report;

1. The application of a written confirmation of the collection of samples, business registration certificate, photograph, comprehensive statement of vehicles, confirmation of the fact of oil filling to diesel vehicles, certificate of digital evidence analysis, report on the results of digital evidence analysis, and the Acts and subordinate statutes requesting response based on the appraisal of additives;

1. Criminal facts;