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(영문) 부산지방법원 2020.05.07 2019고단6038
석유및석유대체연료사업법위반
Text

Defendants shall be punished by a fine of KRW 15 million.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of wholesale and retail business of petroleum products in Busan Dong-gu C building D and registered with the Busan Metropolitan City Mayor on August 2018, and the defendant A is the representative director of the above corporation B.

1. A general agency retail business operator of defendant A shall be supplied with petroleum products by petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and no person shall commit any act that undermines the sound distribution order of petroleum and alternative fuels by supplying or being supplied with petroleum products or alternative fuels in violation of the scope of business or methods of business operation;

Nevertheless, around August 3, 2018, the Defendant sold to EF (746 tons) the amount of heavy oil (MF80) equivalent to KRW 11,00 14,440,085 for the ship purchased from the petroleum retail on his/her name-free petroleum on board at the fifth section of the Busan Port located in the Busan Port of the Dong-gu Busan, Busan, and KRW 11,000,000 for the ship purchased from the petroleum retail on its own. From that time until February 15, 2019, the Defendant sold petroleum products 2,390,000 liters purchased from the petroleum retail on its own from the petroleum retail on the total amount of KRW 1,978,03,367,000 for 19 occasions.

As a result, the Defendant committed an act detrimental to the sound distribution order in violation of the scope of sales business or business methods.

2. Defendant G Co., Ltd.: (a) at the date and place specified in the foregoing paragraph (1) above, the representative of the Defendant committed a violation as stated in the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to electronic tax invoices, details of account transactions, detailed statements of transactions, investigation reports;

1. Article applicable to criminal facts;

A. Defendant A: Article 46 Subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act.

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