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(영문) 대구지방법원 2017.12.15 2017고정1799
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C Of the 2nd floor buildings in Daegu Dong-gu, Daegu to 250 square meters, a storage tank of 1,00 liters size is installed in a 1 ton freezing tower, 10 ton of 1 ton of freezing tower, 2 ton of 4.5 ton of 1 ton of freezing tower, 2 ton of freezing tower, and 4.5 ton of 5 to operate a land distribution company under the subparagraphs of “Agricultural Company E”, and the Defendant is a person operating a “F”’s mutual oil station.

No petroleum retailer, etc. shall sell petroleum, secondary fuel oil, bio-fuel fuel, bio-carbon, bio-carbon, solvents, lulux, base oil, light oil for ships, and intermediate products as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, on January 15, 2017, the Defendant sold 2,474 liters, market price of KRW 2,063,100 from January 15, 2017 to March 21, 2017, including supplying 412 liters using tank glass vehicles to C for fuel.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. In an investigation report (including field control photographs and attachment of the first test and analysis photographs - site photographs), each business registration certificate, each petroleum product's first test and analysis result, notification of the results of inspection of the quality and distribution of petroleum products, detailed statement of transactions, details of entry and exit transactions, account books, investigation report (such as purchase price and purchase volume confirmation) / (i) in the case of the Defendant and the defense counsel at the time, the Defendant and the defense counsel sold to C totaling KRW 2,474 (total market price of KRW 2,063,100) from January 15, 2017 to March 21, 2017 as stated in the facts charged in the instant case. However, it is true that the instant facts charged are sold for heating, not for vehicle fuel.

However, according to the above evidence, prior to the first supply of the oil to the above C, the defendant shall use it for vehicle fuel from C in relation to its use.

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