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(영문) 부산지방법원 2018.08.20 2018고단2232
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 15,00,000 and by a fine of KRW 7,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a corporation that actually operates B in Busan City F building No. 302, and Defendant B is a corporation that is established for ship oil supply business.

1. The agency for general sales of petroleum products A shall receive petroleum products, intermediate petroleum products, and secondary fuels from petroleum refining business operators, petroleum exporters, or general agencies and sell petroleum products, intermediate petroleum products, and secondary fuels to other general agencies, gas stations, general retail shops, or actual consumers, in violation of the scope or method of business of sales business, not providing petroleum products or alternative fuels for petroleum;

Nevertheless, from January 4, 2016 to October 31, 2017, the Defendant purchased 30 to 40% of the arm’s length price at the five wharfs located in Busan Dong-dong, from the oil tanker collective mooring of the five wharfs located in Busan, for a vessel chartered from the oil hold cleaning company (main) (85 tons), and stored in the oil tank H(85 tons), I (82 tons) of the vessel chartered from the oil hold cleaning company (main) at the low price. The Defendant sold MGO (light) 40 dys (8,000 dys), 3668 dys and 3664 dys and 3674 dys and 367 dys and 365 dys and 47 dys and 57 dys and 57 dys and 57 dys and 57 dys and 368 dys.

Accordingly, the Defendant committed an act detrimental to the sound distribution order in violation of the scope or business methods of each petroleum sales business.

2. The Defendant B’s employees, as indicated in the above paragraph (1), committed the Defendant’s act of undermining the sound distribution order by violating the scope of each petroleum sales business or operating methods as to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each internal investigation report (referring to 1, 2) and investigation report (referring to a net 11);

1. Application of respective Acts and subordinate statutes on transactions;

1. Defendant A of the relevant criminal facts: Article 46 Subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 39(1) of the same Act.

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