석유및석유대체연료사업법위반
A defendant shall be punished by imprisonment with prison labor for up to six 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 engaged in petroleum retail business with the trade name “C” in Daegu-gu B.
No petroleum retailer shall commit any act that undermines the sound distribution order of petroleum and alternative fuels, such as selling petroleum as fuel for vehicles, supplying petroleum products in violation of the business methods by petroleum retail business.
Nevertheless, at around 16:30 on October 5, 2015, the Defendant dump trucks with approximately KRW 44,000 at the market price of KRW 63,00,00 on the E dump trucks using the main oil vehicles for D mobile use in the vicinity of the road at the Seo-gu, Seo-gu, Daegu Metropolitan City.
As a result, the defendant sold lux oil as fuel for a vehicle and damaged the sound distribution order of petroleum and alternative fuel.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. The application of a written charge, a written confirmation of collection of samples for inspection, a confirmation of violation of order in distribution of petroleum, a field inspection photograph, an investigation report (in relation to rejection of statements by reference) and a business registration
1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Article 39 (1) 8 of the Petroleum and Petroleum Substitute Fuel Business Act;
1. Selection of imprisonment with prison labor chosen;
1. It is not good that the Defendant committed each of the instant crimes even though the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence had the record of being sentenced two times to a fine due to the same kind of crime.
However, considering the fact that the defendant repents the defendant's wrong and the fact that the amount of the sale has not been much in quantity, etc., the defendant's age, character and behavior, environment, motive, means and consequence of the crime and the circumstances after the crime are considered as favorable to the defendant, the sentence like the order is imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.