Defendant

A shall be punished by imprisonment for six months, by a fine of 4,00,000 won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

Defendant

B The representative of “F” is a person who operates a general retail shop among the petroleum sales business, and the defendant A is an employee.

A petroleum retailer shall not sell petroleum, such as oil, as fuel for motor vehicles, other vehicles, and machinery, and a person who operates a general retail shop among the petroleum retail business shall operate a business by directly selling petroleum to actual consumers or petroleum retail business by attaching a major organic pollutant on a vehicle with load capacity of not more than three kiloliters in cases of mobile sales.

1. On September 3, 2015, Defendant A around September 12:10, 2015, around the construction site located in Seo-gu Incheon Seo-gu, Incheon, attached a principal abandonment to H mobile oil vehicle with a load capacity of more than five kiloliters, and sold it with an oil equivalent to KRW 88,00 won at the market price of 10 liters, such as I digging seasons.

As a result, the Defendant, who is a construction machine, oil oil, and sold petroleum by attaching it to a vehicle exceeding the loading capacity limit.

2. Although Defendant B, as the representative of “F”, was required not to neglect due care and supervision to prevent the said employee from committing such a violation, Defendant B neglected to do so, thereby committing the said violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J or K;

1. Application of a certificate of the collection of samples, on-site photographs, certificate of the quality and distribution inspection of petroleum products, and business registration certificate, statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 46 subparag. 10 and 39 subparag. 8 (a) of the Petroleum and Petroleum Substitute Fuel Business Act; Articles 46 subparag. 10 and 39 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act; Articles 46 subparag. 10 and 39 subparag. 10 (a violation of business methods) of the Petroleum and Petroleum Substitute Fuel Business Act; and each choice of imprisonment;

B. Defendant B: Articles 48, 46 subparag. 10, and 39 subparag. 8 (a) of the Petroleum and Petroleum Substitute Fuel Business Act; Articles 48, 46 subparag. 10, and 39(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act.