석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment for one year.
except that 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 “C gas station” in Gyeongbuk-gun B.
No person shall sell light oil, secondary fuel oil, bio-fuel oil, bio-carbon, solvent, lubric oil, base oil, light oil for ships, and petroleum intermediate products as fuel for automobiles under subparagraph 1 of Article 2 of the Motor Vehicle Management Act, and vehicles and machinery prescribed by Presidential Decree.
Nevertheless, around February 2016, the Defendant sold 1,848 liter oil for construction machinery fuel to E, who operated D at the above gas station, from January 2016 to December 2016, the Defendant sold total of 362,238 liter oil for construction machinery fuel in total to 256,037,00 won, as shown in the crime list from January 2016 to December 2016.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Reporting the details of sales of motor vehicle fuels, such as notices of the results of distribution inspection, a detailed statement of sales of motor vehicle fuels, and the current status of violation of Acts and subordinate statutes concerning the sale of motor vehicle fuels;
1. Article 46 subparagraph 10 of the Act on the Punishment of Crimes and Article 46 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business and Article 39 (1) 8 of the same Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.
The crime of this case is a sale of oil at the place of business using construction machinery for fuel, and the crime of this case is not likely to be committed by issuing sales tax invoices as if it was sold through the construction machinery to conceal the crime.
The favorable circumstances: The defendant recognizes his mistake and repents, and there is no history of criminal punishment in addition to the punishment once by a fine on around 1996, and health condition and disability of brain leths.