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(영문) 창원지방법원 진주지원 2013.09.24 2012고정606

석유및석유대체연료사업법위반

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is running “D gas station” in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun. Around 10:00 on May 21, 2012, at the site of the F local water supply integration construction work for construction machinery in Gyeong-gun, Chungcheongnam-gun, Busan-gun, the Defendant: (a) received an order from the construction company chain to deliver light oil to be used as fuel for construction machinery; (b) loaded 120 liters of fake petroleum products with light oil and light oil on the 1st ton oil tank owned by the Defendant; (c) mixed 120 liters of fake petroleum products, which combines light oil with light oil at the construction site; (d) 494liters of fake petroleum products in J C; and (e) 263 liters of fake petroleum products at L; (e) 150 liters of fake petroleum products; (e) 232 liters of fake petroleum products such as ergater; and (e) sold fake petroleum products at KRW 1,320 won per 1,80 won per liter; and (c) mixed 15798.

Summary of Evidence

1. Legal statement of the witnessO;

1. Protocol of examination of witness P;

1. Statement of police statements made to P andO;

1. Letter of the preparation of the defendant;

1. A report on the inspection of petroleum products;

1. Application of each statute on photographs;

1. Article 44 of the relevant Act and Articles 44 subparagraph 3 and 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act concerning criminal facts;

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

1. In full view of the evidence duly admitted and examined by this court for the conviction of Article 334(1) of the Criminal Procedure Act, P, a driver of the N Excavation unit, was working from February 28, 2012 at the site of the integrated expansion of the F local waterworks located in the Gyeongnam-gun, the Gyeongnam-gun, the Gyeongnam-gun, where G was constructed. However, it is found that the Defendant, on May 21, 2012, carried oil into a petroleum transport vehicle around 10:00, while the Defendant, who was delivering the oil to the P, was under the phenomenon such as falling short of the power of the drilling unit due to the main fuel and falling short of the exhaust gas power due to the exhaust gas, was under the influence of the gas exhausting it by mixing it with the oil.