A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who runs a petroleum retail business under the trade name of “C” in Nam-gu, Nam-gu, Posi-si, Nam-si.

No petroleum retailer shall sell petroleum, such as oil, as fuel for motor vehicles, motor vehicles, or machinery.

Nevertheless, at around 22:00 on April 26, 2016, the Defendant sold approximately KRW 160,000,000 liter oil in the market price as the fuel of the freight vehicle using D mobile-sale vehicles in the place of business of the said “C” on the roads in front of modern iron bars located in Nam-gu, Nam-gu.

The Defendant is a person who operates a general retail shop with the trade name of “C” in the Southern-gu Office of Port-si B and the trade name of “C”.

A person who operates a day-board retail shop shall not move and sell fuel oil, such as dump trucks, among construction machinery under the Construction Machinery Management Act, to consumers, and shall not sell light oil, etc. as fuel for other construction machinery under the Construction Machinery Management Act.

Nevertheless, at around 14:20 on July 8, 2016, the Defendant sold 70 liters trucks for fuel to Fump trucks, which are construction machinery, using D cargo vehicles, which are truck supply vehicles for mobility lights, at the 7 buck-gu Cheonggdong, Nam-gu Cheonggdong, Nam-gu, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written accusation or a written complaint;

1. Business registration certificate;

1. Application of Acts and subordinate statutes to certificates to collect samples;

1. Articles 46 subparagraph 10 and 39 (1) 8 (a) (a point of selling oil for fuel, such as construction machinery, etc.) of the relevant Act on criminal facts; and Articles 46 subparagraph 10 and 39 (1) 10 (a) of the Petroleum and Petroleum Substitute Fuel Business Act (a point of violation of the method of business due to mobile sale) of the relevant Act on criminal facts;

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

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, as well as the age, character and conduct, environment, and motive and means of committing the crime.