A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to a fine of KRW 5,00,00 for a violation of the Petroleum and Petroleum Substitute Fuel Business Act by the Daegu District Court, and the Prosecutor appealed against the above judgment and is still pending in the appellate trial.

No one shall sell fake petroleum products.

Nevertheless, from October 20, 2012 to January 8, 2013, the Defendant sold a large volume of fake petroleum product by receiving KRW 49,000 won from an average of 3,00 per day to an unspecified vehicle driver who wants to oil, by operating a stop store with the trade name of “K” at the store located in the Seogu Seo-gu Seoul Metropolitan CityJ from October 20, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A certificate of collection of samples for each distribution inspection and a statement of results of each test and analysis;

1. Each photograph;

1. Report of investigation (absents, such as written indictment, Amendments to Bill of Indictment, etc.) and application of statutes to the judgment;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person has not been sentenced to imprisonment without prison labor or any heavier punishment and is against his/her will);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;