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(영문) 대구지방법원 포항지원 2019.05.30 2019고단223
석유및석유대체연료사업법위반
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs a petroleum selling business (general retail shop) with the trade name of "C" in Nam-gu B at port of port.

No petroleum retailer shall sell petroleum, such as oil, as fuel for motor vehicles, and shall commit any act that undermines the sound distribution order of petroleum and alternative fuels by supplying or being supplied with petroleum products or alternative fuels in violation of the scope of the business or the method of the business.

Nevertheless, at around 01:00 on December 12, 2018, the Defendant: (a) received 950 won per 1 liter from the F vehicle operated by the winners of the name defective using E mobile oil vehicle on the neighboring road of Nam-gu, Nam-gu; and (b) sold light oil as fuel for automobiles by supplying 2-liters of light oil; and (c) supplied petroleum products in violation of the business scope and operating method of petroleum retailers.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Delivery of a certificate of collection of samples, the quality of petroleum products, and the result of inspection for distribution;

1. Certificates of report on petroleum selling business (general selling places), the register of automobiles;

1. Application of each statute on photographs;

1. Article 46 of the relevant Act and Articles 46 subparagraph 10 and 39 (1) 8 of the Petroleum and Petroleum Substitute Fuel Business Act (the point of selling fuels, such as light oil, etc. for fuel), Articles 46 subparagraph 10 and 39 (1) 10 of the Petroleum and Petroleum Substitute Fuel Business Act (the scope of business and the point of supplying petroleum products in violation of the business methods) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (in consideration of the fact that there exists one fine for the same kind of crime before this case and one year of suspended sentence);

1. Article 62 (1) of the Criminal Act on the stay of execution [Considerations, etc., taking into account the fact that the place of business is inconsistent, the fact that the place of business is closed due to an administrative disposition, and the fact that the quantity of sold

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