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(영문) 대구지방법원 2016.01.28 2015노333
석유및석유대체연료사업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. A summary of the grounds for appeal (as to a violation of the Petroleum and Petroleum Substitute Fuel Business Act due to the storage and storage of fake petroleum products as indicated in the judgment below)

A. The Defendant loaded light oil in front of the instant vehicle storage tank, and light oil in the rear storage tank, and the front and rear storage tank was used by one oil tank.

In relation to which the instant oil had been delivered prior to the instant case, there were lux oil remaining in the instant gas station. However, the instant gas station was mixed with the oil remaining in the oil station using the transit loaded in the previous storage tank after receiving an order to request the delivery of light oil, and the oil remaining in the oil station again flows out of the oil tank to the storage tank, and then, the Defendants did not have any intention to store and store fake petroleum products.

B. In addition, some of the mixtures of oil with light oil can be fully used for heating, not fake petroleum products.

2. Article 2 subparag. 2 of the Determination and Petroleum Substitute Fuel Business Act provides for “light oil” and “e.g., oil” as each petroleum product. Article 10 subparag. 10(a) of the same Act provides for “the mixture of other petroleum products with petroleum products” as well.

If so, regardless of whether it can be used for heating without any danger, a mixture of light oil and glass shall also be deemed as a "fus petroleum product" as provided by the above law, and the defendants' assertion that the mixture of light oil and oil is not a fake petroleum product is not a fake petroleum product is not acceptable.

In addition, the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the storage tank of this case contains a mixture of 55% and 45% of the total stock value of light oil and light oil in the storage tank of this case, respectively.

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