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(영문) 부산지방법원 2020.02.18 2019고단5787
석유및석유대체연료사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of D Co., Ltd. (general agency retail company) for the purpose of supplying ship oil in Busan Jung-gu B building C.

A general agency retail business operator shall be supplied with petroleum products by petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers, and shall not engage in any act that undermines the sound distribution order of petroleum and alternative fuels by supplying or being supplied with petroleum products or alternative fuels in violation of the scope of business or business methods for each petroleum retail business or each alternative fuel retail business.

Nevertheless, from June 8, 2018 to August 13, 2018, the Defendant supplied 76,277,816 won a total of KRW 100,000 fuel oil for vessels with non-data-free materials purchased from a person who is unable to know his/her name in Busan port, etc. using ship fuel E to G affiliated F Co., Ltd. using 7,546,410 won, and supplied 76,27,816 won in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes governing the supply of fuel oil for D ships;

1. Article 46 of the Act applicable to criminal facts, Article 46 subparagraph 10 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business and Articles 39 (1) 10 of the same Act, and the choice of imprisonment;

1. It is so decided as per Disposition by taking into account the following: (a) the fact that there is a history of punishment for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the motive and background of the crime; (c) the period and scale of the crime; and

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