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(영문) 대구지방법원 2013.04.12 2013고정105
석유및석유대체연료사업법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall sell or keep petroleum products or materials containing petrochemicals for the purpose of having them manufactured or used as pseudo petroleum products, and the accused shall from January 1, 201 to the same year.

3. Employees of the above C in Daegu Nam-gu, Daegu-gu, who are employees of the said C, and sells solvents mixed with Toluene and Mean, a petrochemicals, to use them as pseudo petroleum products, and on January 25, 201, a new or 20 marries (one 17 liter, the same shall apply hereinafter), and on February 16, 201, at the same place for the same purpose, with the aim of manufacturing and using them as pseudo petroleum products.

7. At the same time, a new or 105 liter was stored and handled respectively at a place other than a storage place or a factory, etc. where the quantity of a new or 340 liter, 5,202 liter, 1,785 liter, which is a dangerous substance of Category 4, 1, petroleum of Category 1, which is a dangerous substance of the Safety Control of Dangerous Substances, exceeds 200 liters of the designated quantity;

Summary of Evidence

1. Defendant's legal statement;

1. Each written confirmation;

1. Each protocol of seizure and the list of seizure;

1. Forwarding of the results of each test and analysis;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing enforcement on January 25, 201, 5 copies of enforcement photographs, February 16, 2011

1. Subparagraph 3 of Article 44, Article 29 (1) 3 (a) of the former Act on the Safety Control of Hazardous Substances (Amended by Act No. 10958, Jul. 25, 201); Article 35 subparagraph 1 of the Act on the Safety Control of Hazardous Substances; Article 5 (1) of the Act on the Safety Control of Hazardous Substances (a point of storage of dangerous substances) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Act on the Business of Petroleum and Petroleum Substitute Fuel which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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