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(영문) 수원지방법원 2020.10.21 2020고단5584
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who actually operates a general petroleum retail shop under the trade name “C” in Gangseo-gu, Gangwon-gu.

No petroleum retailer shall sell heavy oil as fuel for a vehicle or machine.

Nevertheless, around June 1, 2019, the Defendant knowingly sold approximately 20,000 liters, including around 2,126,000 liters, from the time to November 2, 2019, to the above E, etc., a total of 10 liters, including, but not limited to, a total of 10 liters, of light oil storage tanks installed illegally in the above D truck as fuel for a dump truck.

Summary of Evidence

1. The suspect interrogation protocol F of the defendant in relation to the defendant's court statement E, each police suspect interrogation protocol of the police officer in relation to G, each seizure record, and each seizure list;

1. Application of Acts and subordinate statutes to written confirmation of collection of samples, the quality of petroleum products and the result of distribution inspection;

1. Relevant legal provisions concerning criminal facts, and Articles 46 subparag. 10 and 39(1)8 of the Petroleum and Petroleum Substitute Fuel Business Act, including the option of the punishment, the selection of the fine (the amount of oil sold by the defendant is reasonable, and the period remains five months, and the defendant makes the confession and reflect of the crime in this case, and other conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, circumstances before and after the crime);

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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