석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
From January 11, 2013 to November 201 of the same month, the Defendant sold pseudo petroleum products with an average of approximately KRW 240,000 (5) per day by receiving KRW 17,00 per minute 48,00,00, in a manner that 17 liters of pseudo petroleum products mixed with Toluene and Mean, a petrochemicals, from a large number of unspecified persons, who found their places in the containers located in Busan City, as well as around 272 liters of pseudo petroleum products for the purpose of selling them in the above places (17 liters new or 16 liters) on January 14, 2013, and kept approximately 272 liters of pseudo petroleum products for the purpose of selling them in the above places.
Summary of Evidence
1. Defendant's legal statement;
1. Sales slips;
1. Seizure records;
1. Application of Acts and subordinate statutes to inspection reports;
1. Article 44 subparagraph 3 of the Petroleum and Substitute Fuel Business Act and Article 29 (1) 1 of the same Act, inclusive, with regard to facts constituting an offense;
1. In light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) has already been punished three times by a fine due to the same kind of crime, and the Defendant committed the instant crime, there is no reason to punish the Defendant strictly.
However, the defendant's mistake was divided, removed a container, which is a sales facility, and the defendant was the old age of 73 years, and the defendant should support his poor condition. In addition, considering various factors of sentencing as shown in the arguments in this case, such as character, conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc., the defendant will be sentenced to a suspended sentence of two years for six months. It is so decided as per Disposition.