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(영문) 광주지방법원 2020.05.28 2020고정81
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “C” in Jeonyang-gun B.

No one shall manufacture or keep fake petroleum products.

Nevertheless, on August 5, 2019, the Defendant manufactured a mixture of light oil (50liters) by opening a valve in the partitions in the storage of light oil and light oil mobile selling vehicles used at the above gas station and mixing it with the same gas station using the same oil station, and stored 500liters in the partitions via mobile selling vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A written accusation;

1. Application of the statutes sent as a result of quality inspections of petroleum products;

1. Article 44 of the relevant Act and Articles 44 subparagraph 3 and 29 of the Petroleum and Petroleum Substitute Fuel Business Act applicable to facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even if the defendant believed that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was not intentionally mixed with transit and oil, the defendant sold two kinds of oil together at one mobile-sale vehicle, and the mixed ratio reaches 10%, so the defendant's intention cannot be deemed as weak.

In light of the substance of the instant crime, the amount of fine prescribed by the summary order cannot be deemed unreasonable. Therefore, the amount of fine shall be maintained as it is.

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