Defendant

A A shall be punished by a fine of 1,500,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Punishment of the crime

A person who operates a general petroleum retail shop shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.

Defendant

B, the operation of C around June 2016, controlled dump trucks, which are construction machinery, to sell dump trucks as fuel. On March 2017, 2017, dump trucks were sold as fuel to construction machinery, and dump trucks were sold as fuel.

Defendant

B As a result of the control above, when it is no longer possible to operate a general petroleum retail shop in the name of its own or its wife, Defendant A, who is in a relationship with the company around November 2017, borrowed the business fund under the name of the general petroleum retail shop operator and the business fund, sold the dump truck as fuel for construction machinery and distributed profits.

The defendant A conspiredd to commit a mutual crime by complying with the proposal.

Accordingly, around November 14, 2017, Defendant A reported “G,” which is a general petroleum retail shop in the name of F, one’s wife, and then lent its business funds to Defendant B, and Defendant B employed employees H to take charge of mobile oil sales, and on October 12, 2017, Defendant B sold 169 liters of oil, such as fuel, to the K dump truck, which is a construction machine, using J cargo vehicle, which is a vehicle supplied for moving oil at the front and rear of the racing, around 16:00 on October 12, 2017.

Accordingly, Defendants conspired to sell light oil as fuel for construction machinery under the Construction Machinery Management Act.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Lritten statements;

1. Investigation report (Submission of transaction details of passbook A), investigation report (determination of lease contract)

1. Application of Acts and subordinate statutes to send the results of inspection of the quality and distribution of petroleum products, written confirmation of collection of samples, check of whether acts are prohibited, control photographs, the register of construction machinery motor vehicles, and verification certificate of reporting on petroleum sales business

1. Article 46 of the Act on Criminal Facts as to the Petroleum and Petroleum Substitute Fuel Business