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(영문) 광주지방법원 2017.10.13 2017고단2532
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by a fine of 7,00,000 won and by imprisonment of 8 months for each of the defendants B.

However, as to Defendant B, this objection.

Reasons

Punishment of the crime

No petroleum refining business entity, petroleum exporter and importer, petroleum retail business entity, petroleum stockpiling agency, or petroleum substitute fuel manufacturer, etc. shall sell petroleum, such as oil, secondary fuel oil, bio-fuel fuel, bane, bio-carbon, solvents, lux oil, light oil for ships, and petroleum intermediate products as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act and vehicles and machinery prescribed by Presidential Decree.

1. Defendant B is a person who is engaged in wholesale and retail business in the trade name, street transit, and transit column “D” column on the 1st floor of Gwangju North-gu, Gwangju.

From September 1, 2016 to December 29, 2016, the Defendant sold 50,940 liters equivalent to KRW 44,827,40,00 as in the attached list of crimes, such as supplying 44,827,40 as in the attached list of crimes, to the G garage located in the G tea located in the Namyang-gun, although he knows that F would use light oil in the middle-term vehicle belonging to G as fuel using the cargo vehicle owned by the Defendant, using the cargo vehicle owned by the Defendant.

2. Defendant A is a person engaged in wholesale and retail business in the name, street, street, and transit column in Gwangju Mine-guJ.

From January 1, 2017 to February 23, 2017, the Defendant, using the cargo vehicle owned by the above B from the above K, knew that F would use light oil in the middle-term vehicle belonging to G as a fuel for a motor vehicle, sold 15,614 liters equivalent to 13,740,60 won, such as the supply of light oil in the G garage located in the Namyangyang-gun H, Namyang-gun, and so forth.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Application of Acts and subordinate statutes governing collection of samples, control photographs, transaction books, and average sales price by region;

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Articles 46 subparag. 10 and 39 subparag. 8 of the Petroleum and Petroleum Substitute Fuel Business Act (a fine to Defendant A and a sentence of imprisonment to Defendant B)

1. Attraction of a workhouse;

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