A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No petroleum retailer shall sell heavy oil as fuel for motor vehicles, etc.

The defendant is a petroleum retailer who operates a D gas station in Chungcheong City C.

The defendant from January 3, 2016 to the same year.

2. By the end of 22. Around 22., a construction machinery rental business operator, who operates dump trucks at the above D gas stations, sold approximately KRW 15,850 liters (a total market price of approximately 1,2420,000 won) with knowledge that he/she would use dump trucks and others as fuel for dump trucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each legal statement of witness E, G and H in part;

1. Statement made by a part of the prosecution against E;

1. A written statement of I;

1. E-certification;

1. A written accusation;

1. Sending the results of the quality and distribution inspection of petroleum products;

1. A certificate of collection of samples for inspection and a certificate of collection of samples;

1. A trading card;

1. J business registration certificate;

1. Receipts:

1. Each investigation report (G counterpart investigation, appending a copy of the J business registration certificate, attaching a copy of the transaction card on February 2, 2016, verification of the price corresponding to the base date, etc. on January 2016, attaching articles related to illegal circulation [Attachment] of each investigation report [the defendant only sold a glass to E because E purchases a glass for the purpose of using it as heating oil, and it was entirely unaware that E purchased glass from the defendant as fuel for a motor vehicle;

The argument is asserted.

However, according to the above evidence, it is recognized that the defendant was aware of the E through the introduction of G, and E was aware of the fact that he was to purchase light oil for the purpose of using it as fuel for vehicles while operating transportation business.

E, after loading a suitable for a motor vehicle illegally remodeled, was regulated on the truck of his/her own truck in a road located on a remote area.

At the time of control, E stated to the effect that the Defendant is also aware of the circumstances that the Defendant was introduced through G and sold for the purpose of oiling on the vehicle.

However, the defendant made a statement to E through G.