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(영문) 대구지방법원 포항지원 2019.09.04 2019고단852
석유및석유대체연료사업법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any petroleum retailer, etc. that violates the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum, etc. as fuel for automobiles and construction machinery;

Nevertheless, from November 10, 2018 to February 1, 2019, the Defendant provided seven gas stations with tanks, pumps, and main amusement, and sold 35,704L to 32,133,600 won, including fuel for two d and Edump trucks operated by C, as indicated in the attached list of crimes, from November 10, 2018 to May 1, 2019, the Defendant sold 11 borrower totaled 18,172L to 78,403,80 won.

2. No person who has violated the Act on the Safety Control of Hazardous Substances shall store dangerous substances of at least a designated quantity (1,000 L for harmful substances of Type 2 petroleum among them) in a place other than a storage place or handle them in a place other than a factory, etc.;

Nevertheless, the Defendant always kept 3,000 L-6,000 L from November 10, 2018 to May 20, 2019 at the place referred to in the above paragraph (1) in seven water tanks in order to sell glass, as described in the above paragraph (1).

Accordingly, the Defendant stored more than the designated quantity of oil at a place other than the storage place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, C, K, L, and M;

1. Each statement of N,O, P, Q and R;

1. Each protocol of seizure and the list of seizure;

1. On-site report (as to the statement of a reporter), internal investigation report (as to the statement of a reporter), five on-site photographs, five on-site photographs (as to the attachment of photographs, such as a field photo and dump truck), photographs, internal investigation reports (as to the specification of the identity of a person under internal investigation), report on internal investigation (as to the specification of the identity of a person under internal investigation), report on internal investigation (as to the attachment of evidentiary materials, etc.), evidence- vehicle photographs, vehicle photographs and car-book reports, and operation of A Triju station for the person under suspicion of internal investigation.

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