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"I didn't tell people what oil it is, and they didn't ask. I would only tell a few drivers with doubts that the oil is resistant to burning, the color of the oil is also good, and it won't burn the oil mouth. Moreover, my brother-in-law said it's okay, and fuel oil can also be used as diesel." Faced with the prosecutor's interrogation, Ji said lightly. As early as November 1, 2017, eight ministries and commissions had explicitly prohibited the use of non-motor vehicle oil as automobile oil. Recently, the Hai'an City Procuratorate filed a public prosecution against Song, who sold fuel oil to diesel trucks for illegal business operations, in accordance with the law.
In May 2017, Song, the legal person of a transportation company in Dongtai , suddenly had a flash of inspiration. Since diesel vehicles can also use fuel oil, the price of fuel oil is cheaper than diesel. If fuel oil is sold to trucks as diesel, it is a good way to make money. So he purchased fuel oil in batches from a petrochemical company in Lianyungang, and stored it in the oil tanker in the logistics park in Dongtai and Hai'an, and sold it to passing trucks. The sale price is about one yuan lower than the diesel sold on the market. Over time, truck drivers from south to north (most of them were drivers from other places) knew that Song's oil tanker had cheap "diesel" in them. In order to save transportation costs, they added Song and Ji's WeChat. Soon, Song made more than 100,000 yuan. After inspection, the sulfur content of the oil sold by Song was 1613mg/kg, which did not meet the requirements stipulated in the GB252-2015 "Ordinary Diesel" standard.
After the investigation was concluded by the Hai'an Municipal Public Security Bureau, it was transferred to the Hai'an Municipal Procuratorate for review and prosecution. After review, the prosecutor in charge believed that the defendant Song violated state regulations and operated items restricted by laws and administrative regulations without permission, disrupting market order, and the circumstances were serious. His behavior violated the provisions of Article 225, Paragraph (1) of the Criminal Law of the People's Republic of China. The crime facts are clear and the evidence is true and sufficient. He should be held criminally responsible for the crime of illegal business operations.
[Prosecutor's statement]
"Criminal Law of the People's Republic of China" Article 225: Illegal business crime: Violating national regulations, committing one of the following illegal business activities, disrupting market order, and serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than five years, or detention, and shall be fined not less than one times but five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than five years but not more than one times but not more than five times the illegal income or confiscated property: (1) operating unlicensed or sold items or other items that are restricted by laws and administrative regulations; (2) buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations; (3) Those who illegally operate securities, futures, and insurance businesses without the approval of relevant state authorities, or illegally engage in fund payment and settlement business; (4) Other illegal business operations that seriously disrupt market order.
The prosecutor reminds: Diesel is divided into automotive diesel and ordinary diesel. The quality requirements for automotive diesel are relatively high, with ordinary quality second to that. Fuel oil does not belong to the category of diesel and is mainly used for boiler heating. The main difference between fuel oil and diesel is that the sulfur content is different from cetane number . Fuel oil cannot be used as truck diesel. Fuel oil acts as truck diesel will make the truck emission standards not meet the standards and can easily damage the vehicle's power system. Fuel oil and diesel requirements and standards are different, so fuel oil cannot be used as truck diesel. Drivers, don’t damage the vehicle because you are greedy for small gains.
Source: Jiangsu Procuratorate Network
