A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant is a person who runs a mutual petroleum selling business of “D” in Daejeon Dong-gu, Daejeon.

A petroleum retailer shall not sell, supply or transport oil, secondary fuel oil, etc. as fuel for automobiles and machinery, and where a petroleum retailer operates a general retail shop, he/she shall not sell petroleum products by means of mobile sale or delivery or sale to consumers who use petroleum products as fuel oil of dump trucks among construction machinery under the Construction Machinery Management Act.

Nevertheless, at around 20:05 on October 7, 2019, the Defendant, at the front of the access road to the Daejeon Daejeon Business Place E, was running away from the mobile-sale vehicle to Hump truck 116L, using the mobile-sale mobile-sale vehicle installed in the Gump truck.

Accordingly, the Defendant sold dump trucks for fuel by means of mobile sales.

Summary of Evidence

1. Defendant's legal statement;

1. A police statement of I;

1. A certificate to identify the quality of petroleum products and the result of distribution inspection thereof, and to collect samples;

1. Application of Acts and subordinate statutes to photographed materials at an inspection site;

1. Articles 46 subparagraph 10, 39 (1) 8 (a mobile sales) and 46 subparagraph 10 and 39 (1) 10 (a point of sale for construction machinery fuel) of the relevant Act on criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant recognized the crime of this case, and the fact that the amount of oil sold by the defendant is not much high, etc. are favorable to the defendant.

However, the crime of this case is disturbing order of petroleum distribution and requires strict legal liability, and the defendant already committed the crime of this case despite the previous conviction of fine for the same kind of crime, and the defendant is different.