A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person who operates a general petroleum retail shop in the name of “C” at the racing-si.

A petroleum retailer shall not sell light oil as fuel for a motor vehicle, and a person who operates a general retail shop shall not move and sell it to consumers who use dump truck as fuel oil from among other construction machinery under the Construction Machinery Management Act.

Nevertheless, at around 16:00 on January 15, 2019, the Defendant sold dump truck drivers as fuel for automobiles by inserting approximately 260 lump trucks using C’s E-owned oil vehicle with knowledge that Dump truck drivers will use them as fuel for dump truck.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Written accusation, notification of the results of the distribution of petroleum products and quality inspections, confirmation of collection of samples, inspection photographs;

1. Application of a copy of business registration certificate;

1. Article 46 subparagraph 10 of the relevant Act on Criminal Facts and Articles 39 (1) 8 (the point of selling fuel for light oil) of the Petroleum and Petroleum Substitute Fuel Business Act, Article 46 subparagraph 10 of the Act on the Business of Petroleum and Petroleum Substitute Fuel, and Article 39 (1) 10 (the point of selling petroleum for dump trucks) of the same Act;

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

1. Selection of penalty: Imprisonment;

1. Article 62(1) of the Criminal Act provides that even if the defendant for the reason of sentencing under Article 62(1) of the suspended sentence was sentenced to respective fines in 2017 and 2018 for the same crime, the quality of the crime cannot be deemed to be negligible in that he/she repeats

However, in full view of the facts that the defendant seems to be against the crime, the fact that there was no record of the crime exceeding the fine of the defendant, and other factors such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the punishment was determined as ordered.