A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

A person who intends to engage in petroleum retail business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and a petroleum retailer shall not sell petroleum, secondary fuel oil, bio-fuelel, bio-carbon, solvents, lux oil, light oil for ships, and petroleum intermediate products as fuel for vehicles and machinery.

Nevertheless, at around 02:12 on November 1, 2018, the Defendant, without registering petroleum retail business, used the “C” vehicle, a mobile-sale vehicle with oil tank in front of Asan City, which is a mobile-sale vehicle in front of Asan City, to pay 1,000 won per liter to an unspecified number of drivers of D’s dump truck, and sold approximately 46 liters of oil, such as oil, as fuel of a motor vehicle, by being paid KRW 46,00 per liter to an unspecified number of drivers of 107,035 liters, including in the attached list of crimes, from May 31, 2018 to November 1, 2018.

Accordingly, the Defendant sold a light oil as fuel for a vehicle without registering a petroleum retail business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written accusation;

1. Investigation report (the relative investigation of the owner of C vehicle used for committing an offense);

1. Application of Acts and subordinate statutes, such as a criminal investigation report (Attachment of suspect mobile phone summary data), investigation report (Attachment of screen pictures on suspect mobile phone text messages), investigation report (Attachment of image data on confirmation of text messages), and output of screen pictures for suspension of motion pictures;

1. Article 46 of the Act on the Punishment of Specific Crimes and Articles 46 subparagraphs 2 and 10, 10 (1) and 39 (1) 8 of the Act on the Petroleum and Petroleum Substitute Fuel Business for the Selection of Punishment of Specific Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.