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(영문) 인천지방법원 2013.09.06 2013고정2465
석유및석유대체연료사업법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant who violated the Petroleum and Petroleum Substitute Fuel Business Act due to mobile sales is a real business operator of C, who is an oil handling place in Nam-gu Incheon Metropolitan City, and a driver of the above C, which is a 3000 liter oil tank (D).

No petroleum refining business entity, petroleum exporter or importer, petroleum retailer, petroleum stockpiling agent, or petroleum substitute fuel manufacturer shall move oil to a motor vehicle, dump truck, concrete mixed truck by attaching a principal abandonment to the motor vehicle with a load capacity not exceeding three kiloliters.

Nevertheless, on January 4, 2012, the Defendant: (a) operated the oil tank glass in the city of Incheon; (b) sold approximately KRW 564,960 of the market price to an individual dump truck operated by A; and (c) sold approximately 320 liters of fake petroleum equivalent to KRW 564,960 of the market price from January 4, 2012 to November 19, 2012 via the above oil tank glass owned by C; and (d) sold approximately KRW 294,683,495 of the total market price of KRW 162,375 liters of fake petroleum in total over 646 times, as indicated in attached Table 1.

2. No person who violates the Petroleum and Petroleum Substitute Fuel Business Act due to the sale of fake petroleum shall manufacture, store, transport, or sell “fake petroleum products”;

Nevertheless, around April 2, 2012, the Defendant opened a valve of 2 tanks with 150 liters oil, such as the above oil tank, and connected it to the main organic route. On the other hand, the Defendant, at around April 2, 2012, opened a valve of the 1st tank with 1700 liters loaded, and opened it and sold it by mixing about 15% with the fuel oil in the method of operating, injecting, and mixing it with it, deemed that there is no error in the operation of the vehicle, and attempted to manufacture and sell fake petroleum products by the above method.

The Defendant, around April 2, 2012, is a fake petroleum manufactured as above, on an individual dump truck operated by E at the sump truck in Incheon Si, Incheon.

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