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(영문) 인천지방법원 2021.02.05 2020고단10187
석유및석유대체연료사업법위반
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant A shall not sell petroleum under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government "D," and no petroleum retailer, etc. shall sell any and other products such as oil as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act, and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, the Defendant, around January 9, 2019, sold 424,244 liters in total as fuel for automobiles, etc. in total 24,240,000 won from around 249 times to July 31, 2019 by selling 424,244,00 won in consideration of the fact that he/she was paid 1,416 dump trucks, such as dump trucks in the number unclaimed truck (F in the name of the account holder for the settlement of the card price) drive by using the fump vehicle in the street of address, such as Seo-gu, Seo-gu, Incheon, and Kimpo-si.

2. Defendant B is a person who operates a H company registered as a general retail store of petroleum in Seo-gu Incheon Metropolitan City.

A petroleum retailer registered as a general retail shop for petroleum shall be prohibited from performing an act that undermines the sound distribution order of petroleum and alternative fuels by selling petroleum products by directly selling petroleum products to gas stations, other general retail shops, or consumers at his/her shop after being supplied with petroleum or light oil by petroleum refining business operators, etc. and supplying petroleum products in violation of the prescribed business methods.

Nevertheless, around July 1, 2019, the Defendant entered into a lease agreement with A (D) on a monthly rent of KRW 1,000,000 and a contract term of one year for the lease of one oil tank installed at H (D). From around that time, the Defendant supplied dump truck drivers, etc., as described in paragraph (1) using the above underground oil tank registered as H.

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