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(영문) 대전지방법원 천안지원 2020.03.11 2019고단3241
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates “C”, which is a general retail store, among petroleum retailers in Seo-gu, Seo-gu, Seoan-gu.

1. A general retail shop among petroleum retailers who have violated Acts and subordinate statutes shall be supplied with oil or light oil by a general agency and sell it directly to other actual consumers, etc. at a store, or be supplied with oil or light oil and sell it to actual consumers, etc. by attaching it to a vehicle of not more than five principal units through the store;

On August 6, 2019, the Defendant was supplied with oil and light oil from the petroleum wholesalers (general agency) located in Asan City D without going through the “C” store, immediately after the Defendant was supplied with the F mobile oil station, and sold 374 litres equivalent to KRW 532,950 in the air compressed machine, a construction site at Asan City G apartment, using the F mobile oil station at the construction site at Asan City, with a limited liability of 374 litres, which is construction machinery, from that time to August 22, 2019, 11 times in total, as shown in the list of crimes in the attached Table, and 3,791 litres, which are 5,333 won in total, and 3,791 litres using the mobile oil vehicle.

2. A petroleum retailer that sells light oil as fuel for construction machinery, etc. shall not sell light oil as fuel for construction machinery, etc.;

On August 6, 2019, the Defendant, at the construction site of the above G apartment, sold 3,635 liters, including 5,137,261 won in total, over 10 times from August 22, 2019, including 5,137,261 won in total, as indicated in attached Table Nos. 1 through 9, 11, from around August 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. A written statement of I;

1. A certificate of extraction of samples, check of compliance with prohibition of acts, certificate of report on petroleum retail business, detailed statement of each transaction, control photograph of illegal oil;

1. Application of Acts and subordinate statutes to written accusation;

1. Criminal facts;

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