석유및석유대체연료사업법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who sells petroleum in Pyeongtaek-si B with the trade name “C”.
No petroleum retailer shall sell petroleum, such as oil, secondary fuel oil, bio-fuel oil, bio-carbon, solvent, lub oil, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles, etc.
From July 2017 to December 2017, the Defendant sold approximately KRW 3500,000 liters, such as oil of approximately KRW 29,000,000, in the market price, in a manner that he/she supplied 13 times to the storage tank of a G tank with capacity of KRW 300,000, in a gas station operated by E, with knowledge that he/she would use it as fuel for a dump truck operated by the representative E in the company.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of E, H and I;
1. Statement to E by the police;
1. Investigation report (related to the period of criminal administration, sales volume of corresponding oil, etc.);
1. Report on investigation results;
1. Transmission of requested data related to suspected violations of the Petroleum and Petroleum Substitute Fuel Business Act;
1. A forest known as a result of test and analysis of petroleum products;
1. Records of seizure and the list of seizure;
1. Determination as to the assertion by the Defendant and his defense counsel
1. The gist of the assertion was that the Defendant did not know at all the circumstances that E was using dump truck fuel. Therefore, the Defendant did not have the intention to commit the crime.
2. The following circumstances acknowledged by this court’s duly adopted and examined evidence, namely,,,, in the actual operation of the KOBD, which is a company that produces and supplies aggregate, E used dump truck 4 to 5 dump truck in the gas station operated by the Defendant for about two years from the mid-2015 (hereinafter “instant gas station”), and the Defendant was aware that E is running a business of transporting aggregate, and the Defendant was aware that E was running a business of transporting aggregate. ② around June 2017, E installed an FRP tank in the river site behind the instant gas station, and thereafter thereafter.