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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the provisions of the Petroleum and Petroleum Substitute Fuel Business Act shall manufacture, import, store, transport, keep or sell fake petroleum products, or supply, sell, store, transport, or keep petroleum products, petrochemicals, alternative fuel for petroleum, or materials containing carbon and hydrogen for the purpose of having them manufacture or use fake petroleum products;
Nevertheless, the defendant was aware of his knowledge.
D With knowledge that it manufactures fake transit products made by mixing machinery 100:1 with 100,000 and sells them to freight drivers, around July 1, 2013, the Defendant’s operation in the Busan Young-gu, Busan, calculated light oil at D’s request from approximately 800 won per liter and transported it to H’s oil tank operated by G with D’s hand son, and supplied D’s oil to the low oil tank, or sold them by obtaining D’s oil directly with D’s oil.
Ultimately, from July 1, 2013 to August 24, 2015, the Defendant sold approximately KRW 1,138,536,237 in total at the market price of 1,423,170 liters for the purpose of having D manufacture and use a fake petroleum product.
2. From May 31, 2013, the Defendant violated the Act on Specialized Credit Financial Business: (a) around July 1, 2013, in the course of operating the J gas station located in Ulsan-gu I by taking over from the said D; (b) around July 1, 2013, the Defendant lent a card terminal opened in the name of J gas station to D; and (c) D used the card terminal installed in the name of J gas station to pay the end to D after taking over the cargo welfare card from the truck article who purchased the instant terminal via the Defendant’s house cremation; and (d) paid the end payment after taking over the cargo welfare card from the truck article who purchased the foot transit; and (c) borrowed the credit card merchant name in the name of the said credit card store to D.
Accordingly, the Defendant, from July 1, 2013 to April 28, 2015, is an oil station of the J.