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(영문) 인천지방법원 2017.05.12 2016고정1660
석유및석유대체연료사업법위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Dong-gu Incheon City, and the defendant corporation B is a corporation with the purpose of oil mediation, oil wholesale and retail business.

1. No person who intends to manufacture, import, store, transport, store, or sell fake petroleum products manufactured by mixing such petroleum products with other petroleum products;

A. (1) On September 24, 2015, the Defendant: (a) around 17:00 on September 24, 2015, at the foregoing B repository, the Defendant received an order from D, a oil supplier, to supply 20,000 liters via E; and (b) in the case of a motor vehicle on a G tank of F driver’s Grori vehicle, the Defendant used approximately 5% of other petroleum products (oil, etc.) to supply fake petroleum products 20,000 liters which are mixed with 5% of these other petroleum products (oil, etc.) to E, which he/she may know of such fact, and received KRW 21,00,000 from F to E, which is located in Gyeyang-gu H on the same day.

2) On September 25, 2015, around 15:20, the Defendant sold 40,000 litress of fake petroleum products in total amounting to KRW 42,20,000 in the market price of fake petroleum products mixed with approximately 5% of other petroleum products (such as oil, etc.) via a motor vehicle to D, a oil supplier, at the tank 2 of the foregoing B repository No. 200.

B. On October 19, 2015, the Defendant kept approximately 10% of fake petroleum products (such as oil, etc.) mixed with other petroleum products (such as oil, etc.) in the tank 2 of the above B repository around October 19, 2015.

2. Defendant B, who is the representative director of the Defendant, committed the act of violating the Petroleum and Petroleum Substitute Fuel Business Act in relation to the Defendant’s business at each of the above dates and places.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of the witness D, F and J;

1. A protocol concerning the examination of suspect of the police to K;

1. Each police statement made against L, M, N, orO;

1. I and L respective complaint forms;

1. Requests for data related to investigation affairs (in response to data related to B administrative dispositions) and requests for data related to investigation affairs (in relation to administrative dispositions against PP gas station.

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