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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
The Defendant is a real operator of “C”, a petroleum retailer (general agency) that supplies vessel fuel on the sea.
A petroleum retailer shall not engage in any act that undermines the sound distribution order of petroleum and alternative fuels, and among petroleum retailers, a general agent shall be supplied with petroleum products, intermediate petroleum products, and secondary fuel from petroleum refining business operators, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or actual consumers in violation of the scope of business or business methods of each sales business, and shall not supply petroleum products or alternative fuels for petroleum in violation of the scope of business or business methods.
Nevertheless, the Defendant engaged in petroleum sales business (general agency) and operated a business to sell fuel incentives for ships purchased in cash from a sales business operator of unregistered petroleum without issuing or filing a tax invoice, etc., and mitto A’s oil to D and E-ray companies located in Busan. On January 9, 2015, the Defendant sold A’s oil 20,000 liters and light oil 1,200 liters from around August 19, 2015 by illegally purchasing and selling A’s oil 624,80 liters and light oil 51,000 liters from around August 19, 2015, thereby undermining the sound distribution order of petroleum and petroleum substitute fuel.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation reports (verification of details of oil supply by a subsidy recipient company), and application of Acts and subordinate statutes of investigation reports (Attachment to Data Submitted by Suspect);
1. Article 46 of the Act applicable to the facts constituting an offense and Article 46 of the Act on the Selection of Petroleum and Punishment and Article 39 (1) 10 of the Act on the Substitute Petroleum Substitute Fuel Business (a comprehensive selection of fines);
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;