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(영문) 대전지방법원 2015.08.21 2014노3433

석유및석유대체연료사업법위반

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants were found not guilty of violating the Petroleum and Petroleum Substitute Fuel Business Act due to the failure to conduct the quality inspection of O products, the Defendants filed a false report on theO (No. 10) which is a petroleum product as an exception product and sold them, and did not undergo the quality inspection of the Institute, the lower court acquitted the Defendants of this part of the facts charged.

B. Although the Defendants did not recognize that AK products were used as goods for export due to the failure to conduct quality inspections of AK products, the lower court found that the products sold by Q Q was sold for use in the export goods and was likely to be excluded from the goods subject to quality inspections in accordance with the relevant provisions and acquitted the Defendants of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

C. Although Defendant B was found not guilty of violating the Petroleum and Petroleum Substitute Fuel Business Act due to the failure to conduct the quality inspection of the designated products, and the fact that Defendant B filed a false report on the sale of the designated products and did not undergo the quality inspection of the Institute, the lower court acquitted Defendant B of this part of the facts charged.

2. The summary of the facts charged is that Defendant A worked as the representative director of Seosan-si “Stock Company Q” in U.S. established for the purpose of performing petroleum refinery business from January 7, 2010 to June 21, 2012, Defendant B is a person who has made a final decision on his/her duties, such as assistance to I, personnel affairs, finance, and management, and where a petroleum refiner intends to sell petroleum products, such as solvents, he/she shall undergo a quality inspection conducted by the Institute, although he/she is subject to a quality inspection conducted by the Institute, if he/she intends to sell petroleum products, such as solvents.

A. Defendant A, in collusion with I, is a product name of solvents produced in one O Q from the above Q office from April 1, 2009 to January 6, 2010, in accordance with quality standards.