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(영문) 대전지방법원 2017.02.23 2016고단2772

석유및석유대체연료사업법위반등

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 25, 2004, the Defendant was sentenced to a suspended sentence of three years for a violation of the Petroleum Business Act in the official branch of the Daejeon District Court on one year and six months, and on December 9, 2005, the Defendant was sentenced to eight months for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Chuncheon District Court on December 9, 2005 during the suspended sentence and was sentenced to the said suspended sentence on October 26, 2007 when the suspended sentence was revoked, and was released from Daejeon District Court on November 10, 2007.

1. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture, import or sell similar petroleum products, and he/she shall store, transport, store or use similar petroleum products with the knowledge that such products are similar petroleum products;

Nevertheless, the Defendant, in collusion with D on September 28, 2010, manufactured 16,00 liters of similar petroleum products mixed with oil oil powder and coal powder owned in the storage tank using Class 4 2 oil storage tank (2 equipment, 40,000 liter 2 equipment, 40,000 liter 1 equipment) and fixed-type shipment substitute (one motor vehicle for Moter pumps and one compact presser 1 equipment).

In addition, the Defendant sold 16,00 liter of similar petroleum products manufactured as above in 17,280,000 won per 1 liter in the I gas station operated by H.

In collusion with D, from January 17, 201, the Defendant manufactured and sold pseudo petroleum products equivalent to KRW 291,50,000, total market price of KRW 291,500,000 from that time until January 17, 201.

2. A person who is not a qualified person for handling hazardous substances at a factory, etc. violating the Safety Control of Hazardous Substances shall handle hazardous substances under the presence of a safety manager or his/her agent;

Nevertheless, the Defendant in collusion with D, from December 15, 2009 to January 17, 201, manufactures petroleum products and similar petroleum products that are dangerous substances, such as those described in paragraph (1), while the safety manager or his/her agent did not participate in the above G from around December 15, 2009.