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(영문) 창원지방법원 2012.08.23 2012고정826

석유및석유대체연료사업법위반

Text

1. Defendant A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

A is the Cump gas station in the Jinhae Sea-si, and Defendant B is the representative director of the above Cump station, and in movement, sale and delivery of oil or light oil, it is prohibited from selling dump truck fuel oil among construction machinery.

1. On November 3, 201, at around 06:30, Defendant A committed an act that undermines the sound distribution order of petroleum and alternative fuel by moving and selling dump trucks to E 25 tons of petroleum and alternative fuel by using D home-type trucks at the site of the 8 and 9 construction sections located in the Nakdongdong-dong, Kimhae-si, Kim Jong-si.

2. Defendant B, at the same time and place as the above paragraph 1, had Defendant A, an employee of the gas station, committed an act of violating the above paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

2. The police statement concerning F;

3. Part of the police statement concerning G.

4. The application of Acts and subordinate statutes to the distribution inspection report, the results of the inspection of distribution, the inspection of the quality of petroleum products and the distribution inspection results, the inspection report on compliance with the order of petroleum distribution, the investigation report (H data scholars), and the investigation report on the driver'

1. Article 12 of the Act on Criminal Facts and Article 00 of the Punishment of Specific Fuel Business Act (amended by Act No. 11234, Jan. 26, 2012)

(a) The same shall apply;

(B) Article 46 Subparag. 10 and Article 39(1)5 (Selection of Fine): Defendant B: Articles 48, 46 Subparag. 10, and 39(1)5 (Selection of Fine) of the former Petroleum and Petroleum Substitute Fuel Business Act

2. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse.

3. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above.