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(영문) 서울북부지방법원 2015.09.04 2014고정2131
액화석유가스의안전관리및사업법위반
Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

(a) A person who intends to operate a liquefied petroleum gas sales business primarily charged shall obtain permission from the head of Si/Gun/Gu for each sales place;

Nevertheless, the Defendant worked as “C” employee without obtaining permission for liquefied petroleum gas sales business, and around May 13, 2014, the Defendant reported the advertisement of the F’s “F” Stick, which the Defendant attached to D’s customer E, located under Nowon-gu, Seoul Special Metropolitan City, to the Defendant, and sold the “F” Stick, which he purchased personally the liquefied petroleum gas order defect.

B. In order for a liquefied petroleum gas filling business entity to charge containers of liquefied petroleum gas, it shall examine the safety of containers in advance as prescribed by law, and then charge containers that meet the inspection standards. However, around May 13, 2014, the Defendant, working in the “C”, a liquefied petroleum gas filling business entity, supplied liquefied petroleum gas to the name-free customers under D, while supplying liquefied petroleum gas to him/her, he/she filled the liquefied petroleum gas in a container without undergoing safety inspection that he/she purchased.

2. Determination

A. Prior to the amendment by Act No. 13089, Jan. 28, 2015, the prosecutor around the facts charged of the instant case, as to the safety control and business of liquefied petroleum gas.

c. The term "Act" is defined only as "Act."

Article 48(1) and Article 3(2) were indicted in accordance with Article 50(4) and Article 13(2) of the Act.

B. First, as to the primary facts charged, Articles 48 subparag. 1 and 3(2) of the Act provide that "a person who operates a liquefied petroleum gas sales business without obtaining permission" shall be punished. In light of the witness G's legal statement, work log entry, etc., the Defendant is a seller of C who obtained a sales business license at the time and place specified in the facts charged in the instant case, and the Defendant is on the day.

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