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(영문) 대구지방법원 영덕지원 2014.02.12 2013고정90
석유및석유대체연료사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a D Coins Center located in Gyeonggi-gu Seoul.

No light oil, secondary fuel oil, bio-fuel oil, bio-carbon, solvent, lubric oil, base oil, light oil for ships, and petroleum intermediate products shall be sold as fuel for automobiles under subparagraph 1 of Article 2 of the Automobile Management Act and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, around 14:05 on April 30, 2013, the Defendant sold 150 liters, such as 150 litress, to the construction site of the area of the 15th square highway in Yong-Jungnam-Seoul, the construction site of the area of the 15th main highway, and to the 150 litress, such as the F Compactpacter, the mobile seller, using the home log, the mobile seller, in advance. The Defendant: (a) operated valves attached to the vehicle for the mobile seller; (b) operated the valves attached to the vehicle for the mobile seller; and (c) sold the light oil and light oil as fuel for the construction machinery by mixing it with approximately five to five.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Transmission of the results of the quality inspection of petroleum products and descriptions of the control of prohibited violations;

1. Application of the video-related Acts and subordinate statutes in eight copies of a control site photograph;

1. Article 46 of the relevant Act on criminal facts and Article 46 of the Petroleum and Petroleum Substitute Fuel Business Act as to the option of petroleum and Articles 39 (1) 7 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant: (a) was aware in the course of being milked so that he was milked; and (b) intentionally did not oil for light oil.

2. The following circumstances revealed by the evidence revealed prior to the determination of the evidence, namely, ① the Defendant, prior to the instant compacter’s fueling in the instant compacter, provided that the Defendant did not separately manipulate the valves of the instant lifts so that oil, such as the valves, etc., can be left to the said compacter.

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