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, sell, etc. fake petroleum products.
Nevertheless, around October 4, 2012, the Defendant sold 18L 18L 7 fake petroleum products in the above manner from September 2012 to October 4, 2012, to customers who found their places adjacent to B at a permanent residence. In addition, the Defendant sold 18L 7 fake petroleum products in the above manner from September 2012 to October 2012.
Summary of Evidence
1. Defendant's legal statement;
1. A report on test and analysis results;
1. The police seizure record and the list of seizure;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs);
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 reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) committed the instant crime despite the fact that the Defendant had been punished for the same kind of crime. The instant crime leads to confusion in distribution order and causes various socioeconomic harm, such as environmental pollution caused by harmful exhaust gas, tax evasion, etc.
However, the same sentence as the order shall be determined in consideration of the following circumstances: (a) the Defendant has no previous conviction for which a fine exceeding the fine has been imposed due to the same crime; (b) the Defendant is expected not to repeat again; (c) the wife and two children support the wife; (d) the size and sale of the instant business site; and (e) the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime; and (e) other circumstances that serve as the sentencing conditions specified in the records, such as