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(영문) 대구지방법원 2016.07.22 2016고정1212
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a petroleum retail business under the trade name “C” in Daegu-si, Dong-gu.

1. On January 11, 2016, a petroleum retailer, who committed the crime, was not allowed to sell light oil as fuel for vehicles and machinery, but the Defendant, on January 11, 2016, operated D d dump truck using a mobile-sale vehicle in the factory located in the Dong-gu, Daegu High School, on January 11, 2016, becomes “a person whose name is unknown,” but on the record, appears to be “E” and thus, is corrected ex officio.

It received 750 won per liter and sold light oil as fuel for the vehicle by oiling 40 liters.

2. On April 12, 2016, a petroleum retailer, who committed the crime, was prohibited from selling light oil as fuel for vehicles and machinery, but the Defendant, on April 12, 2016, operated G dump truck using a mobile-sale vehicle in the parking lot located near Busan F on April 12, 2016, is deemed to be “persons whose name is unknown,” but on the record, correction is ex officio.

It received 750 won per liter and sold light oil as fuel for the vehicle by oiling 29 liters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Written statements of the J;

1. Each accusation;

1. The information about the results of inspection of the quality and distribution of each petroleum product;

1. A certificate of collection of samples for inspection and a certificate of collection of samples;

1. A certificate of a violation of each order in petroleum distribution;

1. Application of the regulations, photographs, check pictures and Acts and subordinate statutes on illegal oiling;

1. Article 46 of the Act applicable to the facts constituting an offense and Article 46 of the Petroleum and Petroleum Substitute Fuel Business Act, as well as Article 39 (1) 8 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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