A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 13, 2011, the Defendant was sentenced to a suspended sentence of two years on the 21st of the same month due to a violation of the Petroleum and Petroleum Substitute Fuel Business Act in order to be sentenced to imprisonment for a violation of the said Act.

No person shall manufacture, import, store, transport, keep in custody, or sell pseudo petroleum products.

Nevertheless, from May 20, 201 to October 2, 2011, the Defendant conspired to conduct the business of manufacturing and selling pseudo petroleum in de facto marital relation with D, employees E, F, and pseudo petroleum in the warehouse of the assembly-type panel located in C, from May 20, 201 to October 2, 2011, with facilities, such as a mixed tank (5,000 liter), one compliance frame, one electrical mortar, one electronic string, etc., equipped with a chemical direction satisfaction compound (35% in Toluene, 18-19% in ethyl alcohol), containing a petrochemicals 20 diver compound (170 liter), and transported the container (18 liter) connected to the mixed tank, and took profits of 200 won in total from sale to 300,000 won in total, 2000 won in total, and 300,000 won in total under the condition of selling them.

Accordingly, in collusion with D, E, and F, the Defendant manufactured, transported, stored, and sold pseudo petroleum products.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. Seizure records;

1. Delivery of the results of requests for samples collected by non-petroleum business entities;

1. Investigation report (on-site photographs and hearing additional statements);

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment)-related Acts and subordinate statutes;

1. Articles 44 subparag. 3 and 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act regarding criminal facts, Article 30 of the Criminal Act, determination of the Defendant’s assertion of choice of imprisonment, and the reasons for sentencing, the Defendant was only dedicated to running a restaurant together with D, a de facto spouse, in collusion with D, etc.