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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] On June 29, 2016, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to a violation of the Written Measures Act at the Daejeon District Court, and the said judgment became final and conclusive on July 7, 2016.
[Criminal facts] The defendant is a driver of a lusent tank lorri vehicle.
From August 2012 to December 2013, the Defendant transported 10,880,000 litress per 340 litress per 340 litress per 340 litress per 340 litress per 340 litress per 340 litress per 340 litress per 340 litress per 13 in the list of crimes in the attached Table of crimes, such as the F gas stations in Daejeon-gu, Daejeon-si.
Accordingly, the Defendant transported petroleum products for the purpose of manufacturing and using them as fake petroleum products.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Copies of each protocol concerning the examination of the police officers in relation to G, H, I, J, and D;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition (Attachment to judgment);
1. Subparagraph 3 of Article 44 and Article 29 (1) 3 of the Act on the Business of Petroleum and Substitute Fuel for Petroleum as to facts constituting an offense (or choice of imprisonment);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) or more of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Jul. 7, 2016).