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(영문) 대구지방법원 2015.08.21 2015고정307
석유및석유대체연료사업법위반
Text

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

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

Reasons

Punishment of the crime

A petroleum retailer shall not sell heavy oil as fuel for construction machinery.

Nevertheless, around 16:00 on June 11, 2014, the Defendant operated D dump truck parking lot in Daegu Seo-gu, Daegu, as a dump truck parking lot, using a dump truck vehicle operated by the Defendant, received KRW 1,210 per liter truck on G dump truck, which is a construction machinery operated by the Defendant, and sold 20-liter oil as fuel for construction machinery.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H’s legal statement (which is somewhat different from the statement made by the investigative agency with regard to the detailed contents, etc., however, is consistent with the core statement that “the driver has oiled directly from the vehicle with a dump truck”, the process and process of committing the crime, etc., a relatively detailed statement is made, and the main parts of the statement are not inconsistent with other evidence, and credibility is recognized in light of the following, etc.

1. Some statements in the prosecutor's statement concerning D;

1. Application of the statutes to the Daegu Bank's corporate card and the copy of the price statement of the corporate card;

1. Article 46 Subparag. 10 of the Act applicable to facts constituting an offense and Article 39 (1) 7 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 13085, Jan. 28, 2015);

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

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

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