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(영문) 전주지방법원남원지원 2020.10.27 2020고정26
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 engages in retail business with the trade name “C” in Namwon-si, Namwon-si.

A petroleum retailer shall not sell petroleum, such as motor vehicles, as fuel, and a person who operates a gas station or a general retail shop shall sell oil, etc. using the fixed oil station equipment, etc., or attach gas to a vehicle with not more than five dacties, and sell light oil, etc. to actual consumers, and shall not engage in any conduct detrimental to the sound distribution order of petroleum and alternative fuels, such as the sale of fuel oil of motor vehicles and construction machinery by means of mobile sale.

Nevertheless, at around 17:20 on March 18, 2019, the Defendant loaded light oil on the D petroleum mobile-sale vehicle that he operates and sold it to G with the “F garage E” garage Ga, which is operated by G, with the amount of light oil not known as such fuel oil, and sold it to G, thereby selling light oil as fuel for automobiles, etc., and undermining the sound distribution order of petroleum and alternative fuel.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation report (report on hearing the I telephone statement of the Institute) by the inspector;

1. Application of the registration certificate of construction machinery, request for investigation, inspection report, confirmation of collection of samples, test result, and Acts and subordinate statutes;

1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Articles 39 (1) 8 and 46 (1) 10 of the Petroleum and Petroleum Substitute Fuel Business Act (a point of selling oil, such as vehicle fuel), Article 46 subparagraph 10 of the Act on the Business of Petroleum and Petroleum Substitute Fuel, and Article 39 (1) 10 of the same Act (a point of violating

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is sold by the defendant by means of mobile sale, the sale of which is prohibited as fuel for automobiles.

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