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
No one shall manufacture, import, store, transport, or sell fake petroleum products.
Nevertheless, from September 12, 2012 to September 14:30, 2012, the Defendant: (a) sold fake petroleum products to customers who found in Yongcheon-si, without trade names; and (b) sold fake petroleum products for KRW 24,000 to one; and (c) on September 18, 2012, 17 liter stored five fake petroleum products at the same place.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Seizure records;
1. Investigation report (on-site photographs, etc.);
1. Application of the Acts and subordinate statutes to test and analysis results;
1. Article 44 of the relevant Act on criminal facts and Article 44 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Article 29 (1) 1 of the same Act;
1. The reasons for sentencing under Article 62(1)(a) of the Criminal Act for suspended sentence include: (i) the Defendant’s mistake in depth; (ii) the number of fake petroleum products sold or kept in custody appears not to be large; (iii) it is difficult to provide a single sentence; and (iv) there is no previous conviction, and (v) it is so decided as per Disposition by taking into account the following factors: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (iv) the reasons for sentencing as shown in the arguments