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Defendant
A shall be punished by fine for negligence of KRW 2,000,000, and by fine of KRW 2,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is the representative of B corporation, and the defendant B corporation is a corporation that runs oil sales business.
1. Where a person moves and sells petroleum to a third person in order to ensure the sound distribution order of Defendant A and alternative fuels, he/she shall sell petroleum by attaching a main pollutant to a vehicle with a load capacity not exceeding 3 visvis;
Nevertheless, from October 4, 2012 to February 21, 2013, the Defendant entered into a contract of carriage with D Company E and moved 68,979 liter via the market price of 118,797,047 won at a total of 251 times, such as the list of crimes in attached Form 118,79,047.
2. A, the representative of Defendant B’s Defendant Company, moved to sell its transit by using a mobile storage tank exceeding three (3) subsidiaries as above.
Summary of Evidence
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes on site photographs and transportation contracts;
1. Article 46 Subparag. 10 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Petroleum Business Act”); Article 39(1)8 of the former Petroleum and Petroleum Substitute Fuel Business Act; Article 48, Article 46 Subparag. 10, and Article 39(1)8 of the former Petroleum Business Act; Article 39(1)8 of the former Petroleum Business Act; Article 48, Article 46 Subparag. 10, and Article 39(1)8
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order
1. Article 39(1)8 of the former Petroleum Business Act prohibits “act detrimental to the sound distribution order of petroleum and alternative fuels, as prescribed by Presidential Decree.” Article 43(1)1 of the former Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 24442, Mar. 23, 2013) prohibits any prohibited act, in violation of the business scope or business method by petroleum retail business or by alternative fuel retail business under each subparagraph of Article 2.