A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

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

On November 28, 2017, the Defendant: (a) transferred 800 liters of fake petroleum products to a mobile-sale vehicle (D) located in the Gu Government-Si, which the Defendant operated on November 28, 2017; and (b) transported fake petroleum products by operating a mobile-sale vehicle to sell them at the new construction site of Eunpyeong-gu Seoul Metropolitan Government E-type to the new construction site.

2. Where a petroleum seller sells petroleum, etc. as fuel for motor vehicles, etc., the Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order him/her to suspend all or part of his/her business, and a person who has been ordered to suspend business shall not violate such order;

Although Defendant C received an order to suspend the business (from November 27, 2017 to February 24, 2018), Defendant purchased a fake petroleum product on November 28, 2017 and then transferred it to the said mobile-sale vehicle and violated the order to suspend the business by moving it to the said new construction site for sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and certification of G;

1. A letter of confirmation of collection of samples and notice of the results of quality inspections of petroleum products;

1. The application of Acts and subordinate statutes, including administrative dispositions taken against petroleum retailers;

1. Relevant provisions of the Act on criminal facts, Article 45 subparagraph 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business (a violation of an order to suspend business, a choice of imprisonment), Article 13 (1) (a violation of an order to suspend business), Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 29 (1) 1 (a) of the Act on the Promotion of Petroleum and Petroleum Substitute Fuel Business (abric petroleum transport, and a choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Determination of sentence: One year of imprisonment; and