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(영문) 창원지방법원 2014.02.19 2013고단3820
석유및석유대체연료사업법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. As to the Defendants’ status and public offering, Defendant A is a petroleum retailer who operated the F station in Kimhae-si E, H station in G, and J station in Kimcheon-si, and Defendant B was working as the warden of the F station.

In order to raise the sales of the gas station by securing the cargo driver as a customer, the Defendants: K, L, and M, who are employees of the above gas station, in operating the oil station, in order to receive a more fuel subsidy from the cargo driver who is an employee of the above gas station; in order to receive the cargo driver who is an employee of the above gas station, he shall inject the oil with a credit card as if he had limited liability; and in addition to about 20% of the amount of the oil payment, the Defendants shall make payments by using a credit card as if he had limited liability; and in addition, the Defendants ordered the above passengers to take necessary measures such as paying the difference in cash; and the above K, L, and M shall pay the difference to the cargo driver in cash after he paid the difference to some cargo driver by mixing with the oil and the light oil, and by making a credit card payment by an amount calculated by adding about 20% to the actual amount of the oil.

(b) No petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall sell petroleum, such as oil, secondary fuel oil, bio-fuelel, bio-carbon, solvents, lubrication, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles, vehicles, and machinery;

Nevertheless, from February 15, 201 to November 23, 201 of the same year, the Defendants conspired and sold 1,89,706 liters total sum of 2,704,957,220 won, etc. to freight drivers who are not able to know their names as shown in the attached list of crimes, including selling n freight driver's oil to the above n freight driver'sO, which was found to be a customer at the above n freight station, as the fuel for the freight vehicle.

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