beta
(영문) 부산지방법원 2020.06.04 2019고단6033

석유및석유대체연료사업법위반

Text

Defendant

A A The fine of KRW 8 million is imposed on Defendant B Co., Ltd. with a fine of KRW 3 million, Defendant C Co., Ltd.

Reasons

Punishment of the crime

[Judgment of the court below] Defendant B and Defendant C are corporations engaged in retail business (general agency) limited to each ship oil supply business, and Defendant A is those who actually engage in B from January 2016 to November 2018, and C from January 2019 to January 2018.

【Criminal Facts】

1. Defendant A

(a) A petroleum retailer (general agency) shall be supplied with petroleum products by petroleum refiners, petroleum exporters, or other general agencies, and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and shall not engage in any conduct that undermines the sound distribution order of petroleum and alternative fuels;

Nevertheless, around July 27, 2018, the Defendant stated that “from around July 27, 2018, the indictment was “from May 18, 2019,” in the same manner, that “from around that time to November 23, 2018,” it is clear that it is a clerical error in the indictment, “within November 23, 2018,” while it is obvious that it is a clerical error in the indictment,” “within November 23, 2018.”

Even if the bill of indictment is corrected without changing it, it does not seem to be a substantial disadvantage to the defendant's exercise of his/her right to defense.

Attached Form

The total amount of KRW 63,457,130 over five times, such as the statement in the list of crimes, sold petroleum products total of KRW 59,00-liters.

Accordingly, the Defendant committed an act that undermines the sound distribution order of petroleum and alternative fuel.

(b) A petroleum retailer (general agency) shall be supplied with petroleum products by petroleum refiners, petroleum exporters, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and shall not engage in any conduct that undermines the sound distribution order of petroleum and alternative fuels;

Nevertheless, it is not possible.