A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is a person who registered the petroleum retail business from September 201 to May 2012 with the trade name “C gas station” and operated the gas station.

1. The Defendant from February 29, 2012 to the same year.

3. Until September 3, 200, he manufactured fake petroleum products which combine the transit and oil in the above gas station with the ratio of 6:4, and stored them in the oil storage tank, and sold approximately KRW 6,000 litress (market price of KRW 10,554,00) to many unspecified drivers.

2. From May 16, 2012 to the 17th day of the same month, the Defendant manufactured fake petroleum products mixed with light oil and light oil at the above gas station in the proportion of 5:5, and stored them in the oil storage tank, and sold approximately KRW 2,791 liter (market price of KRW 4,937,279) to unspecified drivers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A E-document;

1. Finding the results of the quality inspection of each petroleum product (one right 7, 66 through 73, three right 28 of investigation records);

1. A certificate of collection of samples for quality inspection (a letter of investigation records, 9 pages, 3 30 pages for investigation records);

1. A copy of each statement of transactions (a statement of investigation records, 1 77 through 80 , 37, 38, 57 );

1. Police seizure records;

1. A copy of the report (a letter of investigation records, 32, 33 pages) as a result of verifying the matters ordered to be corrected or supplemented;

1. Application of Acts and subordinate statutes to a report on internal investigation (case related to shooting of a third-class gas station photograph, and of 10 to 14 pages of investigation records);

1. Article 44 of the Act applicable to facts constituting a crime and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant and his/her defense counsel guilty of Article 48 (1) 1 of the Criminal Act with respect to the crime of fake petroleum products as indicated in the judgment of the court below are not manufactured by mixing with the criminal defendant intentionally but stored with the tank in which light oil is stored.