Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who operates a general retail shop in the name of "C" in Nam-gu, Nam-gu, and a person who operates a general retail shop shall not move and sell for consumers using dump trucks as fuel oil among construction machinery under the Construction Machinery Management Act, and shall not sell dump trucks as fuel for construction machinery, etc. under the Construction Machinery Management Act.

Nevertheless, at around 17:00 on October 16, 2017, the Defendant sold 187 dump trucks, which are construction machinery, using Dump trucks, which are vehicles supplied for moving, etc. on front of the door, after 730 sub-Yak apartment 5 of the Nam-gu Ocheon-gu, Namcheon-gu, Seoul, and then sold 187 dump trucks for fuel, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each accusation;

1. Application of enforcement photographs and Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Illegal mobility and sale of facts constituting an offense: Article 46 subparag. 10 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 39(1) subparag. 10 of the same Act: Article 46 subparag. 10 of the same Act and Article 39(1) Subparagraph 8 of the same Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There has been three times of punishment for a crime with the same content as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. In particular, the crime of this case is committed during the period of suspension of execution due to the same kind of crime, and the quality of such crime is poor.

However, in light of the favorable circumstances, such as the closure of a petroleum retail business that has operated his mistake in depth, the fact that it appears to have reached the crime of this case for the purpose of maintaining livelihood, the fact that the health status seems to be inappropriate, and other factors of sentencing, such as motive, means and result leading to the crime of this case, circumstances after the crime, Defendant’s age, sexual behavior, family environment, etc., are all factors of sentencing.