석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant actually operated petroleum sales business from August 2, 2016 to March 22, 2017, under the trade name “C gas station” in Seogugu, Daegu-gu to “C gas station.”
No person shall sell a fake petroleum product.
From March 10, 2017 to the 14th day of the same month, the Defendant sold 64,000 L of petroleum intermediate products (raw petroleum) in which approximately 30% of other petroleum products are mixed with light oil for automobiles to customers who were found in order to oil to the above gas stations.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Investigation report (related to the quantity of fake petroleum sold);
1. A certificate of the collection of samples, test results, and written results;
1. Application of Acts and subordinate statutes to sales and underwriting;
1. Article 44 of the Act applicable to the facts constituting an offense, the option of petroleum and the option of punishment for alternative petroleum products, and Articles 44 subparagraph 3 and 29 (1) 1 of the Petroleum Substitute Fuel Business Act, and the option of imprisonment;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] There is no person who has no type 2 (general size of not less than 50,000 liter, not more than 50,000 liter) (special sentencing sentencing factors) [the sentence sentencing factors] [the actual profits acquired by the defendant due to the instant crime / [the sentencing factors] 30% of the mixed oil ratio, total sale quantity of not less than 64,00 liters based on the respective selling prices of light oil and oil sold by the defendant, etc.] The defendant has the same criminal history twice, and the period for the defendant's sale of fake petroleum is shorter.
In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.