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(영문) 부산지방법원 2016.10.19 2016고단4498
석유및석유대체연료사업법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 15,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative of the corporation D and 101 in Changwon-si, Gyeongwon-si, and the defendant corporation B registered a general agency for retail business at Changwon-si, 201 on December 6, 2013.

1. Defendant A petroleum refiner, petroleum exporter or importer, petroleum retailer, petroleum stockpiling agent, or petroleum substitute fuel manufacturer, etc. shall not supply or be supplied with petroleum products or alternative fuels in violation of the scope of business or the method of business by petroleum retail business or by alternative fuel retail business, and a general agency for petroleum retail business shall be supplied with petroleum products from petroleum refiners, petroleum exporters or importers, or other general agencies and sell them to other general agencies, gas stations, general retail shops, or end-consumers;

Nevertheless, the Defendant supplied petroleum products remaining after selling in ships which are not petroleum refining business operators, petroleum export-import business operators, or other general agencies, and sold them at the market prices to general consumers and acquired profits therefrom. On January 9, 2015, the Defendant supplied approximately KRW 12,000,000,000 in cash, which are petroleum products in bulk, to petroleum refining business operators, petroleum export-import business operators, or other general agencies, and supplied them with approximately KRW 12,00,00,000 in Busan East-dong Port (60,000,000.

In addition, from around that time to February 26, 2016, the Defendant received supply of the total amount of three petroleum products from non-Korean petroleum refining business operators, petroleum export-import business operators, or other general agencies, which is equivalent to KRW 4,628,608,00, and thereby undermining the sound distribution order of petroleum and alternative fuel.

2. The Defendant B, a stock company, is at the same time and place as paragraph (1).

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