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 actually runs the petroleum retail store called “D” in Incheon City, and E is a representative of the above D as the Defendant’s wife.
No petroleum retailer shall sell oil, such as oil, as fuel for motor vehicles or vehicles and machinery prescribed by Presidential Decree.
Nevertheless, at around 23:50 on June 26, 2014, the Defendant sold 100.85 liter oil equivalent to 133,124 won at G dump truck using the Fump truck as ordered by the Fump truck, in accordance with the direction that E received the order by phone and delivered the order.
Accordingly, the defendant sold a light oil as fuel for automobile in collusion with E.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the interrogation of suspects of E by the prosecution;
1. Statement of the accuser;
1. A report of inspection;
1. Quality inspections of petroleum products and the results of distribution inspections;
1. Application of a copy of business registration certificate (D) statute;
1. Article 46 subparagraph 10 of the Act on Criminal Facts, Articles 46 subparagraph 10 and 39 (1) 7 of the Act on the Selection of Petroleum and Alternative Fuel Business, Article 30 of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being punished twice in 201 for the same crime, and one of them has the record of being punished for suspended execution, but it is not very good for the defendant to commit the same crime.
However, there are not many sales volume, the defendant confessions all of the crimes of this case and reflects them, the defendant has no penalty power exceeding the fine except the above punishment power, and the defendant has no other punishment conditions such as family relationship and health status of the defendant, etc. shall be determined as the order.