석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[criminal power] On February 4, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act in the Cheongju District Court Support Act, etc., and completed the execution of the sentence in the Cheongju District Court on July 28, 2016.
【Criminal Facts】
The Defendant is a person who actually runs a petroleum retail business with the trade name of “C” in YY-si, and runs a petroleum retail business.
No petroleum retailer shall sell petroleum, such as oil, secondary fuel oil, bio-fuel oil, bio-carbon, solvent, lubric oil, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree.
1. From October 2018 to December 2, 2018 of the same year, the Defendant sold approximately 11,000 liters, such as D (a sale price equivalent to KRW 10,979,700,00) to D, by being aware that D’s “F mine” in Gangwon-gun E, and that D’s purchased light oil from the Defendant is used as fuel for machinery, such as digging machines. In short, the Defendant sold 11,00 liters (a sale price equivalent to KRW 10,979,700,00) by inserting oil, etc. installed in the above mine using mobile-type selling vehicles (vehicle number: G) owned by the Defendant.
2. From October 2018 to December 2, 2018 of the same year, the Defendant sold approximately 6,700 liters trucks (the Defendant’s sales price of KRW 6,705,840) including Ha, to H, by being aware that H, a dump truck engineer, purchased from the Defendant as fuel of a dump truck, even though he/she was well aware that H, a dump truck truck engineer, would use it as fuel for a dump truck. In short, he/she sold approximately 6,700 liters trucks (the Defendant’s sales price of KRW 6,705,840) using a mobile-sale truck as specified in paragraph (1) to H, as fuel for a motor vehicle or other similar purpose.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning D, H and L;
1. Statement of the police concerning L;
1. A statement of all circumstances;
1. The results of inspection of the quality and distribution of each petroleum product;