However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

1. No person shall manufacture, import, store, transport, store, or sell fake petroleum products;

On April 19, 2016, the Defendant sold fake petroleum in a manner that receives KRW 300,000 won from an article of a registered tourist bus and sells 290 liters to the instant tourist bus while storing approximately 800 literss of fake petroleum products mixed with other petroleum products, such as oil, on B (Loading capacity 1,750 liters), which is a tank for storage of petroleum, on the street above the meltyangdong-dong (hereinafter referred to as the “SU”) at the Government-si on the street.

2. A person who intends to operate a petroleum sales business without registration shall register with the head of a Si/Gun/Gu in accordance with Ordinance of the Ministry of Information and Communication concerning the industry.

Nevertheless, the Defendant sold petroleum without registration as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate stating the results of the quality inspection of petroleum products (Evidence No. 14, 15 of the evidence records) and a certificate to collect samples;

1. Application of Acts and subordinate statutes governing inspection on enforcement scenes;

1. Article 44 Subparag. 3 of the relevant Act on criminal facts, the option of petroleum for a punishment, and Article 29 Subparag. 1 of the Petroleum Substitute Fuel Business Act (the point of manufacturing and selling fake petroleum products), Article 46 Subparag. 2 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 10(1) of the same Act (the point of business of selling unregistered petroleum) of the Petroleum and Petroleum Substitute Fuel Business Act, and the option of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines (the sentencing guidelines are not applicable to a violation of the petroleum and alternative fuel business due to unregistered petroleum retail business; therefore, the scope of the recommended punishment is limited to the lowest limit of the sentencing range of the recommendation) / [the scope of the recommended punishment] the basic area ( April to October) of the basic area (the small and medium-sized (small and medium-sized (less than 50,000 liter) of the fake petroleum product manufacturing, selling, etc. (the special sentencing factor).