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(영문) 부산지방법원 2011.09.30 2011노1812
사문서위조 등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The instant oil sold by the Defendant is remaining after the vessel was used by the vessel, and the final distribution to the consumer was made, and the oil acquired therefrom is merely a waste that can be recycled by a waste disposal business entity pursuant to the Wastes Control Act, and cannot be deemed as a petroleum product that requires the registration of sales business under the Petroleum and Petroleum Substitute Fuel Business Act.

(2) Even if not, the defendant believed that he can sell it as a waste disposal business operator under the Wastes Control Act, there was no criminal intent or illegality awareness.

B. The sentence imposed by the court below on the defendant (the fine of 20 million won) is too unreasonable.

2. Determination

A. 1) In light of the evidence duly adopted and examined by the court below, the defendant's argument that the oil of this case sold by the defendant was not used by the ship as fuel oil-free oil, which means oil supplied to the ship or oil left after the ship. Thus, the defendant's above argument is without merit, and even if the oil of this case is remaining after the ship as alleged by the defendant, it is a domestic oil and alternative fuel business (amended by Act No. 9370 of Jan. 30, 2009) of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 9370 of Jan. 30, 2009), the above law only provides that the person liable for registration shall be "a person who intends to sell petroleum," and Article 2 subparagraphs 1 and 6 of the same Act only provides that "business of selling petroleum oil, such as crude oil, natural gas, and petroleum products," and does not limit the acquisition route of oil of this case.

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