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(영문) 대구지방법원 2013.08.29 2013고단4219
석유및석유대체연료사업법위반
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. A petroleum retailer, etc. who violates the Petroleum and Petroleum Substitute Fuel Business Act of Defendant A shall not sell petroleum, such as oil, as fuel for vehicles and machinery, and a person who intends to conduct petroleum retail business shall file a report with the competent authority;

On November 22, 2012, around 13:10 on November 2, 2012, the Defendant sold 139 liters such as F Freight Drivers G using mobile selling vehicles (E Home Ri) to F Freight Drivers G without reporting to the competent authorities.

2. Defendant B’s violation of the Petroleum and Petroleum Substitute Fuel Business Act did not report to the competent authorities as above at the above date, time, and place, and in order to assist the sale of lue oil as fuel for vehicles, the Defendant assisted and abetting A’s violation of the Petroleum and Petroleum Substitute Fuel Business Act by transferring the 1,000 liters, such as mobile-sale vehicles (E Home Ri Ri) to A to facilitate the relevant crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. On-site photographs;

1. Statement of distribution inspection results and quality result;

1. Application of Acts and subordinate statutes to investigation report (Attachment of a motor vehicle transfer certificate and motor vehicle registration certificate);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 46 subparagraph 10 of the Petroleum and Petroleum Substitute Fuel Business Act, Articles 39 (1) 7, 47, and 10 (2) of the same Act;

B. Defendant B: Article 46 Subparag. 10, Articles 39(1)7, 47, and 10(2) of the Petroleum and Petroleum Substitute Fuel Business Act; Article 32 of the Criminal Act (elective Selection)

1. Defendant B’s legal mitigation: Articles 32(2) and 55(1)6 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The Defendants committed the instant crime even though they had been sentenced to a fine for the same kind of crime under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the Defendants.

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