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(영문) 부산지방법원 2020.02.18 2019고단5828
석유및석유대체연료사업법위반
Text

1. Defendant A shall be punished by a fine of KRW 10 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of selling land and marine products on the second floor and registered with the Busan Metropolitan City Mayor (general agency) around April 2014, and Defendant A is the representative director of the above corporation.

1. A general agency retail business operator for defendant A shall be supplied with petroleum products by petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and no person shall commit any act that undermines the sound distribution order of petroleum and alternative fuels by supplying or being supplied with petroleum products or alternative fuels in violation of the scope or business methods of each sales business;

Nevertheless, on June 12, 2018, the Defendant sold KRW 20,000,000 of the light oil (MGO) for vessel purchased from the petroleum retail on his/her name-free petroleum market to E, affiliated with D Co., Ltd., in addition, from November 24, 2018 to November 24, 2018, the Defendant sold petroleum products of KRW 2,232,00,00 purchased from the petroleum retail on the non-owned petroleum market in total of KRW 1,768,241,353, total sum of 17 times, as shown in the list of crimes in the attached Table.

As a result, the Defendant committed an act detrimental to the sound distribution order in violation of the scope of sales business or business methods.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to data, such as details of the supply of fuel oil for B ships, and logs for D ships' engine;

1. Article 46 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 39(1) subparag. 10 of the same Act (Selection of Fines) Defendant B: petroleum and petroleum;

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