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

Although no one is allowed to manufacture, import, store, transport, keep, or sell fake petroleum products, the Defendant, from around August 10, 2012 to August 28, 2012, operated a fake petroleum retail shop in the name of Gumi Si B, which is a fake petroleum product, and sold 17 liters for vehicle fuel to many unspecified customers who found the place for the use of fake petroleum products at KRW 25,00 per unit.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Evidentiary materials and control photographs;

1. Application of the Acts and subordinate statutes to test and analysis results;

1. Article 44 of the Act applicable to facts constituting a crime and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (Options of Imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for forfeiture shall be determined as ordered in consideration of all the circumstances, such as the fact that the defendant, despite the existence of two or more criminal records of the same kind of crime, once again commits the instant crime, and the period and quantity of sale of fake petroleum products.