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(영문) 대구지방법원 김천지원 2014.07.16 2014고정131
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who sells petroleum in the name of “D” in Kimcheon-si, Kimcheon-si.

No person shall manufacture, import, store, transport, store or sell fake petroleum products.

Nevertheless, at around 08:30 on September 10, 2013, the Defendant received an order to deliver the transit from E, and manufactured fake petroleum products by mixing about 15% of them with light oil in the F tank glass vehicles, and sold approximately 300 liters among them to E.

2. Comprehensively taking account of the following circumstances acknowledged by the record of judgment, it is determined that the Defendant does not intentionally combine light oil with others.

① In this Court, the Defendant issued an order for boiler oil from E at the above temporary border, and loaded one light oil from the tank 2 of the above vehicle’s tank, and delivered the remaining one oil to E with non-herring, the Defendant stopped gas due to water leakage due to the lower part of the boiler’s boiler, and inhaled the gas to a tank which did not contain the stove the stove, and the Defendant appears to have been mixed with the light oil remaining in the boiler at the time.

(2) A witness E’s statement in this court conforms to the defendant’s above statement.

③ 2013. 9. 10. 단속 당시 상황을 보면, 위 차량에 탱크 2기가 있었고, 앞 탱크에는 120리터의 재고가, 뒤 탱크에는 1,300리터의 재고가 있었으며, 앞 탱크에는 경유 85%, 등유 15%가 혼합되어 있었고, 뒤 탱크에는 등유가 100%였는바(수사기록 7쪽∽10쪽), 역시 피고인의 위 진술에 부합한다.

④ On September 23, 2013, the Defendant prepared a written opinion similar to the statement in the above court, and submitted it to the Kimcheon, a controlling agency.

(수사기록 11쪽∽18쪽). ⑤ 경유가 등유보다 가격이 비싸다

(9 pages) Accordingly, the Defendant, as the Defendant, mixs a light oil into E’s boiler by mixing it with low light oil.

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