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(영문) 대전지방법원 2015.01.29 2014고정2214
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a gas station B and is a petroleum retailer.

No petroleum retailer shall sell heavy oil as fuel for a vehicle or machine.

Nevertheless, at around 16:10 on September 2, 2014, the Defendant used a mobile-type vehicle in the Geumsan-gun C factory site in order to receive KRW 132,600 from the person who was unaware of his name, and paid KRW 102 liters such as fuel for D freight vehicles.

Accordingly, the Defendant sold the oil as fuel for the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation under the Petroleum and Petroleum Substitute Fuel Business Act;

1. Application of each statute on photographs;

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 Article 39 (1) 7 of the Act on the Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.

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