A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No petroleum retailer shall sell oil, secondary fuel oil, etc. as fuel for motor vehicles, etc., and where a petroleum retailer operates a general retail shop, he/she shall sell petroleum products by means of mobile sale or delivery sale to persons who use such petroleum products as fuel oil for motor vehicles, etc.

Around January 10, 2017, the Defendant, under the name of "B", operated a petroleum sales business (general retail shop) under the name of "D" in Daegu-gun, the name of "B", and the Defendant, from the Tourism Bus E to Gangwon-do, operated a tour bus article around January 10, 2017, "the lack of oil to go to Gangwon-do," and changed to put oil into a garage near the Daegu Seo-gu, Seo-gu, Daegu-gu, a 15:30th day, and moved and sold petroleum products by taking advantage of the mobile-type alcoholic beverage installed in the G petroleum mobile retail truck, which is owned by "D", using 76 litres used for heating in the H's tourist bus (I) as fuel.

As a result, the Defendant sold a light oil for automobile fuel by means of mobile sale.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Written accusation, written statement (Preparation of a regional industrial clerkJ), know-how of the results of inspection of the quality and distribution of petroleum products, sample collection confirmation, pre-sale inspection table, inspection table as to whether activities are prohibited;

1. Application of Acts and subordinate statutes to a report on investigation (baging engineer E and H representative telephone investigation);

1. Article 46 subparagraph 10 of the same Act concerning facts constituting an offense and Article 46 and Article 39 (1) 8 and 10 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed the crime of this case even though he was sentenced to a fine twice for the same kind of crime, and if he committed the crime of this case, the liability for the crime of this case is not easy. However, the defendant is divided in depth, and the defendant takes a business trip at the request of a bus engineer and takes a business trip.