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(영문) 청주지방법원 2019.01.18 2018고단1881
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a petroleum retailer who operates C in Jincheon-gun B.

A petroleum retailer shall not sell light oil as fuel for construction machinery, and such light oil shall not be sold by mobile-sale vehicles.

Nevertheless, on April 24, 2018, the Defendant used D motor vehicles, which are mobile-sale vehicles with main amusement equipment, in the 1397 street, carried forward to Jincheon-gun, Chungcheongnamcheon-do, and sold 64 liters of oil, such as E dump trucks.

Accordingly, the Defendant sold light oil as fuel for construction machinery using mobile-sale vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written accusation;

1. A certificate to send the results of inspection of the quality and distribution of petroleum products and to collect samples;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 46 of the relevant Act and Articles 46 subparagraph 10, 39 (1) 8 and 10 of the Petroleum and Petroleum Substitute Fuel Business Act concerning facts constituting an offense, and Articles 43 (1) 1 and 2-2 (1) of the Enforcement Decree of the same Act (each fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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