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(영문) 수원지방법원 2016.03.28 2015고단6206
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A is a person who operates a gas station under the trade name "E (F)" in Suwon-si, Suwon-si D, and Defendant B is a person who has been employed as an employee of the gas station.

“E” is ordered to suspend the business from May 20, 2013 to November 19, 2013 by the Suwon Market, and as such, the place of business was ordered to be closed from May 9, 2014 to May 8, 2016, and thus, the petroleum sales business shall not be operated.

Nevertheless, around May 12, 2014, the Defendants conspired to sell light oil equivalent to KRW 1,497,545 at the market price to Multi-M Co., Ltd. and run the petroleum sales business without reporting to the competent authority by selling light oil and light oil equivalent to KRW 403,601,750 from around that time to August 31, 2015, as stated in the list of crimes in the attached crime list.

Summary of Evidence

1. Defendants’ legal statement

1. The details of transactions of oil prices and pay accounts, illegal period sales, and the application of Acts and subordinate statutes on the place of purchase and sales to know any person who violates the Petroleum and Petroleum Substitute Fuel Business Act, administrative dispositions imposed on such person in violation of the Petroleum and Petroleum Substitute Fuel Business Act;

1. The Defendants: Articles 47 and 10(2) of the Petroleum and Petroleum Substitute Fuel Business Act; Article 30 of the Criminal Act; Articles 30 and 10 of the Criminal Act; the choice of imprisonment

1. The Defendants on probation: the period, size, profits, their respective roles, the circumstances before and after the commission of the crimes (it seems that the circumstances such as data transaction and tax evasion, etc. are not peeped, and currently closed) of the Defendants, the reflective attitude of the Defendants and their criminal records (in the case of Defendant A, it is possible to have a previous criminal record in addition to the same criminal record and one time, but there is no record of punishment exceeding the fine, and in the case of Defendant B, there is no record of criminal punishment other than the same criminal record and one time after the sex year) and other records and changes.

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