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(영문) 수원지방법원 2014.06.13 2014고합74

사기등

Text

Defendant

A Imprisonment with prison labor of one year and six months, defendant B's imprisonment with prison labor of six months, defendant C with prison labor of eight months and defendant D.

Reasons

Punishment of the crime

Defendant

A was a person who operated “S”, which is a general petroleum retail shop located in P from October 1, 2006 to May 18, 2009, and Defendant B is an operator of “U gas station” located in P in P in P in terms of harmony. Defendant C is an operator of “W gas station” located in P in the address population at the permissible time, and Defendant D is an operator of “Y gas station” located in P in P in P in P in P in terms of harmony.

Defendant

F and E as an employee of AAF (hereinafter referred to as “AF”), a tax-free petroleum management agency located in the Z, and Defendant F took charge of the duty-free petroleum management of AAF from March 2005 to February 2009. Defendant E took charge of the duty-free petroleum management of AAF from March 2009 to November 201, 201.

1. Any petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from supplying or being supplied with petroleum products in violation of the scope or method of business by petroleum retail business [Article 39 (1) 5 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 11234, Jan. 26, 2012; Article 43 (1) 1 of the Enforcement Decree of the same Act], and any petroleum retailer who operates a gas station shall be supplied with light oil, etc. by petroleum refiners, petroleum exporters or importers, general agencies, or other gas stations and sell it directly to other gas stations or end-consumers;

(Article 2 subparagraph 3 of the Enforcement Decree of the same Act).

Defendant

B A around October 2008, the Defendant supplied petroleum products in violation of the scope or business methods of petroleum retail business by selling a total of 109,300 liters of free oil to AB from October 2008 to March 201, 2008, as shown in attached Table 1 No. 2, 9, 12, 15, 18, 20, and 21, by pretending that A sold free oil to AB notwithstanding that the Defendant is not a farmer, and by selling a total of 109,30 liters of free oil to A, other than other gas stations or actual consumers.

B. Defendant C.