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(영문) 창원지방법원 2014.02.19 2013고단2748
석유및석유대체연료사업법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months and by a fine of ten thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

[2] The Defendants operated the general petroleum retail shop in the name of Defendant A in the name of Defendant A in Kimhae-si, Kimhae-si, and the Defendants operated the general petroleum retail shop in the same trade.

A person who operates a general retail shop shall not engage in any conduct detrimental to the sound distribution order of petroleum by being supplied with light oil or light oil by petroleum refiners, petroleum exporters or importers, general agencies, or other general retail shops, and selling it directly to other general retail shops or consumers at the shop.

The Defendants: (a) purchased light oil from farmers by the petroleum exporter or importer, and (b) sold it to F and G without material traders, who are not de facto consumers, instead of transporting it to the Defendant’s place of business; and (c) sold it to F and G in order for F and G to directly receive it by sending the tank glass articles to the said petroleum exporter or importer, and (d) receive tax refund.

During the period from February 7, 2012 to April 12, 2012, the Defendants traded 35,000 lives via an export-import business operator H by ordering 20 lives a total of 35,000 lives via 20 times. The Defendants traded 35,00 lives total via 35,00 lives by sending the said lives article to the said H by sending the payment to the Agricultural Cooperative Tax Exemption Card, which was previously received from and possessed by the farmer I, and then transferring the payment to the I’s account.

From January 5, 2012 to May 8, 2012, the Defendants, as indicated in the attached Table 1 in the same manner, provided that: (a) the sum of 687,514 liters via transit was supplied to 16 farmers by a material transaction business operator F and G directly from a petroleum exporter or importer H as a tank lorri, by pretending to supply tax-free oil to 16 farmers, as shown in the attached Table 1.

As a result, the Defendants conspired to commit oil.

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