Text
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 500,000.
Defendant
A above.
Reasons
Punishment of the crime
1. He/she shall not change gas supply facilities or gas-using facilities without obtaining approval from Defendant A liquefied petroleum gas dealer;
Nevertheless,
A. On October 20, 2017, the Defendant separated a large gas tank installed by D, which is a liquefied petroleum gas dealer, from the pipe room at Seosan-si, and a pipe connected part supplied for each household, and changed gas-using facilities without the consent of the person.
B. On October 20, 2017, the Defendant separated a large gas tank installed by D with a liquefied petroleum gas dealer in Seosan-si E and a pipe connected part supplied by each household and changed gas-using facilities without the consent of the person.
2. As to the business of Defendant B’s Defendant Corporation, A, its representative, committed each violation as described in paragraph (1).
Summary of Evidence
1. The defendant A's partial statement
1. Witness D's testimony;
1. Statement of D police statement;
1. The Defendants and their defense counsel asserted that the crime scene and relevant photographs, damaged photographs, and their defense counsel's assertion against the Defendants and their defense counsel did not constitute a crime of violation of the Safety Control and Business of Liquefied Petroleum Gas Act, since the Defendants and their defense counsel changed gas supply facilities according to the intent of the building owner and the manager of the instant Cudio and E, and demanded D to remove gas facilities several times, etc.
It is true that Article 33 (2) of the same Act stipulates that no person may arbitrarily remove or alter facilities owned by a gas supplier without prior consultation with the gas supplier, but it seems that the consultation under paragraph (3) of the same Article does not necessarily mean the consent or consent of the gas supplier.
Based on these interpretations, the Defendants and their defense counsels agree D, a gas supplier.