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(영문) 대구지방법원 포항지원 2017.02.14 2016고단1630
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is operating a general retail shop with the trade name of “C” in South-gu at port.

A person who operates a general retail shop shall not move and sell fuel oil among construction machinery under the Construction Machinery Management Act to consumers who use it as fuel oil, such as dump trucks, and shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.

However, the Defendant, at around 03:40 on October 4, 2016, using D freight cars, which are portable oil supply vehicles in front of the Steel Co., Ltd., for the purpose of moving, entered into the E indictment as “G” but it is obvious that the Defendant is a clerical error in the “E” according to the following evidence:

Defendant

Since there is no particular problem in guaranteeing the right of defense, it shall be corrected and recognized ex officio without changes in indictment.

Dump truck sold 170 liters for fuel in 145,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes of the service of samples collection confirmation, check of compliance with the order of petroleum distribution, field photographs, etc., verification of report on a general retail shop, register of automobile registration, the quality of petroleum products, and the result of inspection of

1. Subparagraph 10 of Article 46, Article 39 (1) 8 (a), and Article 10 (a) of the Act on the Punishment of Criminal Crimes as to Construction Machinery, including Oil, etc.) and Article 46 (10), Article 39 (1) 10 (a mobile sales) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act: In addition to each of the above circumstances, various factors of sentencing recorded in the records, such as Defendant’s age, sexual behavior, environment, and circumstances before and after the crime, are considered as follows: The same type of criminal records are recognized and are favorable to the same type of criminal records two times: The one-time crime is one-time crime and the size of the crime is small, and there is no record

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