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(영문) 부산지방법원 2016.08.10 2016고정2015
석유및석유대체연료사업법위반
Text

Defendant

A A shall be punished by a fine of KRW 20 million, and Defendant B shall be punished by a fine of KRW 10 million.

Defendant

A.

Reasons

Punishment of the crime

A general agency for petroleum sales business shall receive petroleum products from petroleum refining business entities, petroleum exporters or importers, or other general agencies, and sell them to other general agencies, gas stations, general retail shops, or consumers, and no petroleum retailer shall commit any act detrimental to the sound distribution order of petroleum and alternative fuels by supplying or supplying petroleum products in violation of the scope of business or method of business.

1. On February 5, 2014, Defendant A purchased petroleum products B-A oil equivalent to the market value of KRW 28,600,000 from a person whose name is not a petroleum refining business entity, exporter or importer, or any other general agent is not known.

In addition, from around that time to February 2015, the Defendant purchased 115,070 square meters via a total of 157,211,250 won in the market price from around December 2013 to around February 2015, 30 times in the annexed crime sight table (Ⅰ), and from around December 2013 to around February 2015, the Defendant purchased 51,201,250 square meters in the aggregate of 157,211,250 won in the annexed crime sight table (Ⅱ), and from around December 2013 to April 2014, the Defendant purchased 15,070 square meters in the aggregate of 4 times in the market price from around 51,201, B,940-C, 46, 4914, 914, and other general agents or agents.

As a result, the Defendant committed an act that undermines the sound distribution order of petroleum and petroleum substitute fuel as a petroleum retailer.

2. Defendant B, the representative director of the Defendant, committed the same act as that of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Standard for corporate tax assessment and tax adjustment statement, purchase in 2014 and 2015, a list of tax invoices by customer, evidence for purchase of oil B in the form of a dispute settlement bank, evidence for oil sales in the form of a dispute settlement bank, and financial transaction records;

1. Business registration certificate,.

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