석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who operates a mutually fake petroleum product sales store of “C” in Daegu-gu B.
No one shall manufacture, import, store, transport, keep in custody, or sell fake petroleum products.
Around January 7, 2013, the Defendant kept 17 liter or 12 in order to sell a fake petroleum product as fuel for a motor vehicle to a motor vehicle manufacturer. Around January 9, 2013, the Defendant kept 17 liter or 18 in order to sell a fake petroleum product as fuel for a motor vehicle manufacturer. Around March 7, 2013, the Defendant kept 17 liter or 6 in order to sell a fake petroleum product as fuel for a motor vehicle manufacturer to a motor vehicle manufacturer. Around March 21, 2013, the Defendant kept 17 liter or 3 times to sell a fake petroleum product as fuel for a motor vehicle manufacturer as fuel. Around March 21, 2013, the Defendant kept 17 liters or 17 liters in order to sell a fake petroleum product as fuel for a motor vehicle manufacturer or a fake petroleum product as fuel for a motor vehicle to a motor vehicle dealer at an unspecified level from C on April 2, 2013 to 13, 2014 to 13.
Summary of Evidence
1. Defendant's legal statement;
1. Each evidentiary document (on-site photographs) test report;
1. Each protocol of seizure;
1. Application of Acts and subordinate statutes to an investigation report (a real estate lease agreement and a copy of the account for payment of monthly rent);
1. Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act, comprehensively including the applicable law to facts constituting an offense and the choice of punishment;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances among the reasons for sentencing):
1. The purpose of legislation is to secure the sound distribution order of petroleum products with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and to prevent harm caused by fake or similar petroleum products, and the defendant has been under the control of four times for a period of three months.