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(영문) 부산지방법원 2016.10.26 2016고단3842
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 10,000,000 won for the defendant corporation B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A was the representative of corporation B in Dong-gu Busan Metropolitan City D Building No. 504; Defendant B was a corporation established for the purpose of maritime oil sales business; and Defendant B registered general sales agency in Busan Metropolitan City on April 1, 2013.

1. Defendant A petroleum refiner, petroleum exporter or importer, petroleum retailer, petroleum stockpiling agent, or petroleum substitute fuel manufacturer, etc. shall not supply or be supplied with petroleum products or alternative fuels in violation of the scope of business or the method of business by petroleum retail business or by alternative fuel retail business, and a general agency for petroleum retail business shall be supplied with petroleum products from petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers;

Nevertheless, the Defendant supplied petroleum products remaining after selling on a ship which is not petroleum refiners, petroleum exporters or importers, or other general agencies, and sold them at the market prices to general consumers and acquired profits therefrom. On January 7, 2014, the Defendant supplied petroleum refining business operators, petroleum exporters or importers, or other general agencies, with the amount of KRW 37,428,400,00, which is a petroleum product in the source from an unclaimed ship located in Busan Metropolitan City E-gu, Busan Metropolitan City, and sold it to G (State) which is a business partner of the Defendant.

In addition, from around that time to December 16, 2015, the Defendant was supplied with an amount equivalent to KRW 2,467,639,100 for five kinds of petroleum products from non-owned vessels, other than petroleum refiners, petroleum exporters or importers, or other general agencies, and sold them to five business partners of the Defendant, thereby maintaining the sound distribution order of petroleum and alternative fuel.

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