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(영문) 대구지방법원 포항지원 2016.11.30 2016고단1173

석유및석유대체연료사업법위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Godan1173" is a person who operates a one-time sales office with a trade name "C" in Nam-gu, Nam-gu, Mapo-si.

A person who operates a general retail shop shall not move and sell fuel oil, such as dump trucks, from among construction machinery under the Construction Machinery Management Act, to consumers, and shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.

Nevertheless, at around 22:20 on June 13, 2016, the Defendant sold 15 liter trucks, which are construction machinery, for fuel fuel, using Fump trucks, which are the truck supply vehicles of the above “C”, on the front road located in Nam-gu, Southern-gu, E at port.

The defendant of "2016 Godan1178" is a person who operates a daily sales office with a trade name "C" in Nam-gu, South-gu.

A person who operates a general retail shop shall not move and sell fuel oil, such as dump trucks, from among construction machinery under the Construction Machinery Management Act, to consumers, and shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.

Nevertheless, around 00:42 on July 15, 2016, the Defendant sold 200 litres, such as fuel, to the I dump truck, which is construction machinery, using F Cargo Vehicles, which is a fuel supply vehicle for the movement of “C”, on the front of the Southern-gu H at an port.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each accusation;

1. Construction machinery register and motor vehicle registration certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of C business registration certificate operated by a suspect A);

1. Article 46 Subparag. 10 of the Act on Criminal Facts and Article 46 Subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act (the point of selling fuel, such as construction machinery, etc.) and Article 39(1)8 of the same Act (the point of violating business methods due to mobile sale) and Article 46 Subparag. 10 of the same Act and Article 39(1)10 of the same Act.