logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2012.07.12 2012노423
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Violation of the Petroleum and Petroleum Substitute Fuel Business Act) the Defendant merely ordered X, the president, merely because he is an employee of the J gas station, and the Defendant was found to have been given normal judgment as to light oil sold at the J gas station as a result of the inspection by the Korea Petroleum Quality Control Service after his employment. Since the price difference between similar light oil and non-data is 40 won, the Defendant was merely 40 won, and the Defendant was not aware that light oil sold at the J gas station was similar light oil, the lower court found the Defendant guilty.

B. The sentence of the judgment of the court below on unreasonable sentencing (the fine of 30 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court and the first instance court on the assertion of mistake, the Defendant was a complaint of J gas station from June 1, 2009 to J gas station. The registration of the business of J gas station is AI, but the actual president was X, the Defendant was in charge of managing the J gas station overall, such as the management of the gas station staff and daily sales, and the Defendant did not receive through the oil station only once, and the Defendant was issued an order for transit upon X’s instruction. The instant similar transit was ordered by N gas station or J gas station’s branch office, which received it from the R gas station and supplied it again to J gas station, etc., but the Defendant supplied 0 if he received similar transportation from each of the gas stations to the gas station and supplied it to the gas station under the name of 0.0 of the Defendant who provided it to the gas station under the name of 0.0 of each of the above K gas station.

arrow