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(영문) 부산지방법원 2017.06.14 2016고단6643 (1)

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant: (a) substantially operates C, a company registered for petroleum sales business, a general agent, from March 5, 2015 to April 14, 2016, which is the date of business closure; and (b) substantially operates D, a company registered for petroleum sales business, a general agent, from April 4, 2016 to August 29, 2016, which is the date of business closure.

A petroleum retailer, which is a general agent, shall receive petroleum products from petroleum refining business entities, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or consumers, and shall not interfere with the sound distribution order of petroleum products by receiving petroleum products from persons without material in violation of the above business scope or business methods by supplying petroleum products to persons without material or by receiving material from persons without material.

1) The Defendant, who received non-data in the course of operating C, was the actual operator of C, a petroleum retailer Co., Ltd., which is a general agent, supplied petroleum of KRW 10,00 liters and supply supply of KRW 10,659,50 with non-data around June 17, 2015, and around that time, sold it to Yangyang Shipping Co., Ltd., and thereafter, supplied KRW 4,484,90 in total and KRW 2,327,114,980 in total and supply value of petroleum by the same method until February 28, 2016, and around that time supplied KRW 2,327,14,980 in total, as shown in the attached list of crimes (1).

2) The Defendant, who received non-data in the course of operating D Co., Ltd., was the actual operator of D, a petroleum retailer Co., Ltd., which is a general agent, supplied petroleum amounting to KRW 61,00 liter and supply KRW 47,350,945 from non-data on April 22, 2016, and around that time, sold it to Jeju Kenya, and thereafter, supplied petroleum totaling KRW 987,40,400 and supply KRW 466,452,960 by the same method until May 27, 2016, and around that time.