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(영문) 대구지방법원 김천지원 2018.09.18 2018고단456 (1)
석유및석유대체연료사업법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a petroleum sales business (general retail shop) in the name of “C” in Kimcheon-si, Kimcheon-si.

1. No person who violates the petroleum and petroleum substitute fuel business by selling petroleum, such as petroleum by using a mobile oil vehicle, etc. shall sell light oil as fuel for automobiles, vehicles prescribed by Presidential Decree, or machinery, or sell petroleum or substitute fuels for petroleum by using a mobile oil vehicle on the spot using a dump truck or concrete mixed truck among automobiles and construction machinery;

Nevertheless, on November 21, 2017, the Defendant sold 15,314,410 won in total at 82 times from August 1, 2017 to November 21, 2017, including the sale of dump truck articles of Fump truck as fuel for vehicles by means of field oil, to Fump truck articles, the Defendant sold dump truck articles of which in total the market price of 15,314,410 won in total from August 1, 2017 to November 21, 2017.

As a result, the Defendant sold petroleum by using a mobile oil vehicle to provide on-site oil in a motor vehicle, etc., and sold light oil as fuel for a motor vehicle.

2. In cases prescribed by Presidential Decree, such as a general retail shop, from among the petroleum sales business that violates the alternative fuel business by carrying on a petroleum sales business not reported, a report shall be filed with the Mayor/Do Governor or the head of a Si/Gun/Gu;

Since the Defendant had no reported place of business on May 17, 2017 on the ground that he/she continued to engage in petroleum sales business for at least one year after commencing his/her business without justifiable grounds, he/she was prohibited from engaging in petroleum sales business, even though he/she did not engage in petroleum sales business since he/she was subject to a disposition of closure of his/her place of business on the grounds that he/she did not engage in petroleum sales business for at least one year after commencing his/her business. However, from August 1, 2017 to November 21, 2017, the amount equivalent to the total market price of KRW 15,314,410, such as [Attachment Table No.

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