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Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
B is a person who operates 'F gas station' in Chungcheong-gun E, and 'H gas station' in G, and 'H gas station', and Defendant A is an employee of the above gas station.
1. Defendant A
A. On July 23, 2013, at around 18:00, the Defendant sold 400 liters to a vehicle owned by the Chungcheong Heavy Co., Ltd., which is a equipment cream, among the vehicles that are mobile oil stations, while storing 15% of the 1st ton truck tanks, mixed with 85% of light oil, and 700 liters of fake transit.
B. On July 25, 2013, around 16:00, the Defendant sold 10% of the light oil in the tank of J 1 ton truck, which is a vehicle moving from H-owned stations, and 700 liters, which are mixed with 90% of light oil, to vehicles owned by the C-owned C-owned Company, and sold them to the vehicles owned by the C-owned Company.
2. Defendant B’s employee A committed an act identical to that described in the preceding paragraph in relation to the Defendant’s duties.
Summary of Evidence
1. Defendants’ respective legal statements
1. As a result of the petroleum quality inspection, the Defendants asserted that there was no intention to commit a crime since it was found that there was no possibility that the Defendants would naturally pass the oil remaining after the delivery of the oil on the ground that: (a) the confirmation of collection of samples for quality inspection, the test result, the confirmation of mobile oil, the on-site photographs, the Defendant, and the defense counsel’s assertion (with respect to I-related crimes) were conducted by other employees than Defendant A; (b) the first is a vehicle operated by the employees other than Defendant A; and (c) the said employees did not flickly flick with their leave; and (d) the Defendant A thought that the oil remaining
However, the following facts acknowledged by each of the above evidence and the circumstances revealed therefrom, i.e., a gas station: (i) the F station is a gas station dealing with both lux oil and light oil; (ii) the Defendant A without all taking measures to confirm the kinds of remaining oil; and (iii) the Defendant A delivers the oil to the tank of the J vehicle that it operates around that time.