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(영문) 창원지방법원 진주지원 2018.11.15 2018고정65
석유및석유대체연료사업법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The actual accused is a person who engages in petroleum sales business under the trade name of "B".

No petroleum retailer shall sell light oil as fuel for a motor vehicle or construction machinery.

Nevertheless, the defendant from March 2017 to the end of the same year.

9. By the end of 25.25. D’s construction machinery cycle in Gyeongcheon-si, Gyeongcheon-si, sold by mobile-sale vehicles using mobile-sale vehicles in order to supply oil as fuel for 4 construction machinery, including E. In order to supply oil as fuel for construction machinery, the market price of KRW 130 million is KRW 10 million.

Accordingly, the Defendant sold a light oil as a fuel for construction machinery.

Although the Defendant sold approximately 6,00 litres to D around 2017 (see, e.g., Defendant’s newspaper record page 6), he asserts to the effect that he did not sell gas as a fuel for construction machinery.

In comparison with D’s legal statement, the contents of the statement are consistent or detailed, so credibility is insufficient. The other evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant sold light oil as fuel for construction machinery as stated in the facts charged.

Thus, the facts charged of this case constitute a case where there is no proof of facts constituting a crime, and thus, a judgment of innocence is to be rendered after Article 325 of the Criminal Procedure Act.

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