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(영문) 대전지방법원 2017.01.11 2016고단2898
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six 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 of "2016 Highest 2898" is a person who actually runs the petroleum retail sales business in the name of "F" in the name of "B" in the Daejeon Seo-gu, Daejeon.

No petroleum retailer shall sell petroleum, such as oil, secondary fuel oil, bio-fuel diesel, bio-carbon, solvents, lubric oil, base oil, light oil for ships, and intermediate products as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, the Defendant, around June 20, 2016, loaded oil on the I Home-ro Lane, a mobile-sale vehicle in the vicinity of the H company located in Daejeon Seo-gu G on June 20, 2016, and sold the same amount of KRW 138,700, such as light oil on the Jump truck.

The Defendant borrowed the name of DaD and operated “F” as the petroleum retail retail business chain in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and received an order to suspend the business from August 9, 2016 to November 8, 2016, in violation of the Petroleum and Petroleum Substitute Fuel Business Act.

A petroleum retailer shall not sell oil, such as oil, to motor vehicles, vehicles prescribed by Presidential Decree, or machinery fuel, or shall not conduct business in violation of an order to suspend business.

1. On September 9, 2016, the period during which the business suspension is suspended, the Defendant: (a) was loaded in the vicinity of L Driving Institutes located in Daejeon Seo-gu K; and (b) sold dump truck an amount equivalent to KRW 98,640, 137, 137, 137, e.g., F’s mobile-sale vehicle; and (c) sold it to Mump truck.

2. On September 21, 2016, the period during which the business suspension is suspended, the Defendant: (a) loaded on the Gump truck vehicle in the Gump truck vehicle, an I Home-ro, the mobile-sale vehicle, and sold an amount equivalent to KRW 90,000,000 at Nump Truck’s market price.

Accordingly, the defendant sold oil as fuel of a motor vehicle and violated an order to suspend the business.

Summary of Evidence

"2016 Highest 2898"

1. Statement by the defendant in court;

1. D. D.

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