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(영문) 부산지방법원 2015.10.29 2015고단1744
조세범처벌법위반등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 50,000,000 won, respectively.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

1. Defendant A registered a petroleum selling business (general agency) with the Busan Metropolitan City Mayor around August 25, 2010 as the representative of the corporation B.

No petroleum retailer shall commit any act that undermines the sound distribution order of petroleum products by supplying or being supplied with petroleum products in violation of the scope or method of business by petroleum retailer.

Nevertheless, from January 1, 201 to April 23, 2014, the Defendant received supply of petroleum products 18,010,000 liters, such as petroleum refining business operators, petroleum exporters, or suppliers of non-dataless materials, which completed registration or reporting in accordance with the Petroleum and Petroleum Substitute Fuel Business Act, from Busan Jung-gu in Busan, which had been registered or reported in accordance with the Petroleum and Petroleum Substitute Fuel Business Act.

2. Defendant B, the representative of the Defendant, committed the act of undermining the sound distribution order of petroleum in relation to the Defendant’s business at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes governing the purchase place, passbook transaction details, certified transcript of corporate register, annual oil purchase details, purchase place, and petroleum sales business registration certificate;

1. The Defendants: Article 46 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 39(1)10 of the Act: Defendant A of Article 48 of the Act on the Punishment, etc. of Petroleum and Petroleum Substitute Fuel Business (Defendant A) committed the instant crime in spite of having been sentenced to suspended execution due to the violation of the Petroleum Business Act and the Punishment of Tax Evaders Act by engaging in the same type of business even before the instant crime was committed; the Defendant committed the instant crime in spite of having been sentenced to a suspended execution due to the violation of the Petroleum Business Act; the quantity of oil handled by the instant crime is equivalent to 15.1 billion won; and the sound distribution order of petroleum accordingly.

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