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(영문) 춘천지방법원 강릉지원 2013.06.28 2013고정184

석유및석유대체연료사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A petroleum retailer shall not sell petroleum, etc. which undermines the sound distribution order of petroleum and alternative fuels as fuel for vehicles;

Nevertheless, the defendant

A. On January 29, 2013, the lower court sold D dump truck as fuel with approximately KRW 234,000 of its market price displayed on D dump truck at the night room near the C playground located in the Dong Sea.

B. On February 1, 2013, the D dump truck was sold at the same place as above, with approximately KRW 130,000 dump truck’s market value of KRW 10,000 as fuel for the vehicle.

C. On February 4, 2013, D dump trucks were sold at the same place as above, with approximately KRW 169,000, such as the market price of KRW 130 liters as fuel for the vehicle.

On February 6, 2013, around 18:30 on D dump trucks, approximately KRW 221,000 of the market price was oiled and sold as fuel for vehicles at the same place.

2. A person who intends to operate a petroleum retail business shall register with the Mayor;

Nevertheless, the Defendant did not register a petroleum selling business and operated a petroleum selling business in the same time and place as the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to notification on the scene photographs of control, the certificate of confirmation on petroleum retail business (general retail shops), the quality of petroleum products, and the result of inspection

1. Article 46 of the relevant Act on criminal facts and subparagraph 2 of Article 46 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act (the fact that a petroleum sales business without registration is run, the choice of fines), Article 46 subparagraph 10 of Article 46, and Article 39 (1) 7 (the fact that, since it is a business crime, the current oil is sold as motor vehicle fuels, and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;