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(영문) 광주지방법원 순천지원 2012.11.30 2012고단1357
석유및석유대체연료사업법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant operates a gas station with the trade name called “D gas station in the Jeonnam-gun Armed Forces.”

No person shall manufacture, import, store, transport or keep pseudo petroleum products.

Nevertheless, around 15:30 on November 17, 201, the Defendant kept approximately 50 liters of pseudo petroleum products that can be used in lieu of light oil for automobiles by mixing 10% with the e-motor vehicle storage tank in the above gas station, and 90% of light oil.

2. The main point of the argument is that the sample taken from the Defendant’s vehicle is a mixture of 90% of light oil and 10% of light oil, and it cannot be deemed that the light oil was stored for sale purposes by mixing it with light oil.

3. According to the evidence duly adopted and examined in this court’s determination, there are some doubtful circumstances that seem to correspond to the facts charged in the instant case, such as the fact that public officials of the Institute of Quality Inspection pay for the sample sample collection in transit, the defendant signed a letter of confirmation to collect samples for quality inspection marked as car transit, and the defendant was sentenced to a fine for the crime of selling pseudo petroleum products in the same gas station.

However, Article 26 of the former Petroleum Business Act (amended by Act No. 7209, Mar. 22, 2004; hereinafter the same) prohibits anyone from producing and selling pseudo petroleum products by mixing petroleum products with other petroleum products or petrochemicals, mixing petrochemicals with other petrochemicals. Article 30 of the former Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 18473, Jul. 20, 2004; hereinafter the same) prohibits anyone from producing and selling pseudo petroleum products. Article 30 of the former Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 18473, Jul. 20, 2004; hereinafter the same) uses gasoline or light oil as fuel.

used as fuel, provided that it is used in any subparagraph.

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