Text
Defendant
A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 1,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A is an operator of "D" in P in Paju, and Defendant B is an employee of the said place of business.
No petroleum retailer shall sell heavy oil as fuel for a vehicle or machine.
Nevertheless, at around 14:30 on April 23, 2014, the Defendants conspired to sell light oil as fuel for dump truck using a mobile-sale vehicle of the said place of business, and provided approximately 136 dump truck, such as Edump truck, to the Fump truck, using a mobile-sale vehicle in the vicinity of the “Seoul Metropolitan Area Reclamation Land” located in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon. On May 13, 2014, the Defendants sold them by providing approximately 85 liter for dump truck as fuel using the aforementioned mobile-sale vehicle at the parking lot near the Seo-gu Incheon, Seo-gu, Incheon.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written accusation;
1. A written accusation, each petroleum product quality and distribution inspection report; and a check whether each petroleum distribution order is observed;
1. Application of Acts and subordinate statutes on site inspections and photographs;
1. Defendants: Articles 46 subparag. 10 and 39(1)7 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, and the choice of fines
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.