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(영문) 대전지방법원 2016.02.03 2015고정1417
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in petroleum sales business under the trade name “D” in Daejeon Jung-gu.

No petroleum refining business operator, etc. shall sell or deliver petroleum products that fail to meet the quality standards, or store, transport or keep them for the purpose of sale or delivery.

Nevertheless, around February 12, 2015, the Defendant stored and kept light oil for sale purpose, which failed to meet the quality standards, which are -18.0C (quality standards: harsh weather -23C).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A certificate indicating the results of the quality inspection of petroleum products and gathering test samples;

1. On-site photographs [the following circumstances recognized by each evidence in its holding, namely, the defendant has a transit sales permit while operating D, and has undergone a regular quality examination for two main alcoholic beverages via D, and the defendant's G, who operates the above gas station together with the defendant, did not make any objection to the inspector at the time of collecting inspection samples, and the defendant's answer to the question at the time of collecting inspection samples, which is called 1,400 won per liter, and the defendant purchased the above transit for the purpose of being milked to the vehicle operated by him.

However, if we consider all that the above change is difficult to understand in light of the number of purchase, quantity, and the degree of use of the defendant's via the change, it can be recognized that the defendant stored and stored the transit recorded in the facts of crime for sale purposes.

Application of Statutes

1. Article 45 subparagraph 5 of the same Act and Articles 27 of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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