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Defendant
A shall be punished by imprisonment with prison labor for up to six months and by a fine of up to two million won, and by imprisonment with prison labor for up to four months.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is the operator of the E retail store in Daejeon Dong-gu, Daejeon, and the defendant B is the employee of the above petroleum retail store.
No petroleum retailer shall sell petroleum, such as oil, secondary fuel oil, bio-fuel diesel, bio-carbon, solvents, base oil, light oil for ships, diesel and petroleum intermediate products as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act, and vehicles and machinery prescribed by Presidential Decree.
1. Defendant A
A. On October 7, 2015, around 03:41, the Defendant, using G petroleum mobile-sale vehicles in the street near the Daejeon Pungdong, sold light oil equivalent to approximately KRW 38.149 L (market price 34,334) to Hump trucks as fuel for automobiles, etc.
B. On November 18, 2015, around 02:16, the Defendant: (a) used G petroleum mobile selling vehicles in front of Seo-gu Daejeon, Seo-gu, Daejeon; (b) placed around J dump trucks with approximately KRW 54L (market price of KRW 46,980) and sold gas as fuel for automobiles, etc.
(c)
around 06:05 on October 15, 2015, B, an employee of the Defendant, placed approximately approximately KRW 64.695L (market price 56,280) on Nump trucks using M petroleum mobile-sale vehicles in Daejeon K and L site, and sold light oil concerning the Defendant’s duties as fuel for automobiles and others.
2. On October 15, 2015, the Defendant: (a) around 06:05, around Daejeon-gu K, Daejeon-gu; and (b) on L site, using a vehicle for the mobile sale of petroleum, Defendant 2 sold gas equivalent to approximately KRW 64.695L (market price 56,280) to the Nump truck as harmful fuel; and (c) sold light oil as fuel for automobiles, etc.
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning suspect examination of the police against theO;
1. Application of each statute on a written accusation;
1. The penal provisions of Article 46 subparag. 10 and Article 39 subparag. 1 subparag. 8 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “the Petroleum Business Act”) regarding criminal facts are applicable.