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(영문) 대구지방법원 2018.10.12 2018고단2851
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

No petroleum retailer shall sell oil, such as oil, as fuel for automobiles or vehicles prescribed by Presidential Decree.

Defendant

B is a person who engages in petroleum sales business under the trade name of "D gas station" in Youngcheon City, Youngcheon-si, and is Defendant A and a post-ship company.

Defendant

On February 20, 2018, A sought Defendant B, and offered a proposal to the effect that “I shall supply fry, etc. and sell fry, on the face of the week,” and Defendant B received the proposal with knowledge that Defendant A, etc. sold fry as fuel for a vehicle.

Thus, Defendant B provided the same oil to Defendant A, and Defendant A expressed his intent to sell dump trucks as fuel to the vehicle while carrying them on the vehicle.

The Defendants conspired, around March 13, 2018, Defendant A loaded 1,500 litres from “D gas station” operated by Defendant B, in two pesticide boxes, and sold freight 115 litress, such as 10 litress for G dump trucks, using the gas stations attached to the foregoing pesticide box, around 19:10 on the same day, at around 19:10 on the front of the building in Yongcheon-si, Youngcheon-si, and using the gas stations attached to the above pesticide box, and received 109,250 litress for the payment of 10 litres (950 won per litres) from February 25, 2018 to the above temporary date.

As a result, the Defendants conspired to sell the oil as fuel for the automobile.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to know the results of internal investigation reports (Attachment of photographs and copies of floating stores, such as photo and copies thereof), internal investigation reports (Attachment of field enforcement photographs), petroleum sales business registration certificates, business registration certificates, sales status, and the distribution of petroleum products and quality inspections;

1. Defendants of the relevant Act on criminal facts: Articles 46 subparag. 10 and 39 subparag. 8 of the Petroleum and Petroleum Substitute Fuel Business Act; Article 30 of the Criminal Act

1. Defendants of choice of punishment shall be punished by imprisonment.

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