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(영문) 광주지방법원 2014.11.21 2014고단3835
석유및석유대체연료사업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant thought that it is difficult for the Defendant to operate petroleum sales business under his own name due to bad credit standing, and purchased light oil from D gas stations located in Gwangju Metropolitan City Mine-gu Seoul Metropolitan City, and loaded it on the tank glass, and sold freight cars, etc. on the road or empty lot, and paid the price for such sale by a mobile card terminal in the name of D gas stations, and then sold credit cards, debit cards, pre-paid cards, etc. (hereinafter “credit cards, etc.”) to E, the actual representative of D gas stations, and settled the amount calculated by subtracting the credit purchase amount from the credit card sales amount.

1. Where it is intended to operate a general retail shop dealing with oil and light oil in violation of the Petroleum and Petroleum Substitute Fuel Business Act, it shall report to the Mayor/Do Governor or the head of a Si/Gun/Gu;

Nevertheless, on June 24, 2010, the Defendant sold 300,000 won to the holders of the card number F without reporting petroleum selling business on the roads or empty lots near Gwangju Metropolitan City (hereinafter referred to as "Seoul Metropolitan City") or in its neighborhood, and thereafter, sold to the holders of the card number F an equivalent of KRW 1,152,528,269 on a total sum of 2,681 times, as shown in the list of crimes (1) and the list of crimes (2) by May 16, 2012 without reporting petroleum selling business at the above place.

As a result, the Defendant did not report on petroleum retail business and run a petroleum retail business.

2. The Defendant is not a credit card merchant.

No person other than a credit card merchant may make a transaction by credit cards, etc. in the name of the credit card merchant.

Nevertheless, on June 24, 2010, the Defendant new card number F in the roads or empty lots around 10:24 around 10:00 and near Gwangju Metropolitan City.

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