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(영문) 부산지방법원 2018.05.15 2018고단941
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in maritime transportation business and petroleum sales business using Busan Ship C(127 ton) and Defendant B is a corporation established for the purpose of petroleum sales business.

1. A petroleum retailer shall not engage in an act of supplying petroleum products or alternative fuels for petroleum in violation of the scope of business or business methods under which the sound distribution order of petroleum and alternative fuels for petroleum is disturbed, and shall obtain petroleum products from petroleum refining business entities, petroleum exporters and importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or actual consumers;

Nevertheless, as from March 17, 2017 to December 27, 2017, the Defendant supplied and sold non-data fuels purchased from a person whose name is not known to him from 00:10 to 0:30 on December 27, 2017, to D, such as the use of a water tank C, etc., and “crime inundation”. Around that time, the Defendant supplied and sold 38 times every 5 times every 49,189,00 liters (round 349,00 liters, light 3,840,000 liter C, total 1,708,784,000 won).

Accordingly, the Defendant committed an act detrimental to the sound distribution order in violation of the scope or business methods of each petroleum sales business.

2. The Defendant B’s employees, as indicated in paragraph (1), committed the act of undermining the sound distribution order by violating the scope of petroleum sales business or operating methods by petroleum sales business as to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes concerning the list of total tax invoices for purchase and sale and the current status of transactions;

1. Article 46 Subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 39(1)10 of the same Act, Defendant B who is an option of imprisonment with prison labor: In addition, Articles 48, 46 Subparag. 10 of the same Act and Article 39(1)10 of the same Act, collectively, are all involved in the crime;

1. Suspension of execution (Defendant A) Article 62(1)1 of the Criminal Act

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