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(영문) 대구지방법원 서부지원 2018.12.18 2017고단2598
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who runs a general retail business in the name of “C gas station” in Daegu Dong-gu B.

A petroleum retailer shall not sell dump trucks, etc. as fuel for construction machinery, such as dump trucks, and shall not sell fuel oil of construction machinery, such as dump trucks, to consumers by means of mobile sale.

Nevertheless, on April 1, 2017, the Defendant was stopping at a Daegu-gu Multimodal Terminal located in Seo-gu, Seo-gu, Daegu-dong, Seo-gu, by using a mobile organic abandonment installed in the DBS Corsch Rexroth, owned by the Defendant.

E Dump trucks, including selling 104 liter 104 liter per 78,00 won per liter 750 won per liter, from that time,

5. From the same date until September 19, he/she sold 1,804,250 won per 11,80,000 won per liter with four dump trucks, such as E, F, G, and H, a total of 67 times in total, including 4 dump trucks, including E, G, and H, in total.

Accordingly, the defendant, who is engaged in the general retail sales business, sold dump trucks as fuel oil of construction machinery, such as dump trucks, by means of mobile sales.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A copy of each statement of I and J;

1. A notice of a sample collection certificate and the results of quality inspections of the distribution of petroleum products;

1. To refer to the specifications of transactions, copies of each transaction book, and detailed details of credit card compiled;

1. Application of Acts and subordinate statutes to field photographs, gas stations photographs;

1. Articles 46 subparag. 10, 39(1)8 (a), and 46 subparag. 10, Article 39(1)10, and Article 39(1)10, and Article 43 subparag. 10 of the Enforcement Decree of the same Act concerning facts constituting an offense; Articles 43 subparag. 1 and 2 subparag. 4 of the Enforcement Decree of the same Act; Article 2-2(1) of the Enforcement Rule of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of each Criminal Code of Trade (by sale of oil);

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