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(영문) 대구지방법원 2015.01.14 2014고정2183
석유및석유대체연료사업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B A is a person who registers and operates a petroleum retail business (oil station) with the trade name of "E gas station" in Busan Metropolitan City D, and Defendant A is an employee who delivers oil to the f home Riri vehicle of the E gas station.

1. No one shall manufacture, import, store, transport, keep, or sell fake petroleum products, and no petroleum refiner, petroleum exporter or importer, petroleum retailer, petroleum stockpiling agent, petroleum substitute fuel manufacturer, etc. shall commit any act that undermines the sound distribution order of petroleum and alternative fuel;

Nevertheless,

A. On January 6, 2014, at around 17:00, the Defendant stored and stored a fake petroleum product 200 litress which combines light oil for vehicles and other petroleum products (e.g., oil, etc.) into a storage tank after a vehicle F of the Home Ri Ri of the Eju station in the H’s place of business located in Busan Metropolitan City, with approximately 45 percent.

B. The Defendant, at the time and place as referred to in paragraph (a), loaded light oil for vehicles on the website for delivery of oil stations, and sold it to four concrete mixtures trucks, such as oiling 47 liters on the I concrete mixture truck, and thereby undermining the sound distribution order.

2. As to his duties, Defendant A, an employee of Defendant B, committed the same offense as that of the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness J;

1. Results of the quality inspections of petroleum products;

1. Written reply requested by the Institute at the request of its opinion;

1. Application of Acts and subordinate statutes to a certificate of registration of petroleum retail business;

1. Defendant A of the relevant Act on Criminal Facts: Articles 44 subparagraph 3 and 29 (1) 1 (a point of storage and storage of fake petroleum products), subparagraph 10 of Article 46 and Article 39 (1) 8 (a) of the Petroleum and Petroleum Substitute Fuel Business Act (a point of harm to distribution order) of the same Act, and Defendant B of the option of fines: Petroleum and petroleum substitute fuel;

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