A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who operates a general petroleum retail shop in the name of "E" in Seo-gu Daejeon.

No petroleum retailer shall sell petroleum, secondary fuel oil, bio-fuel diesel, bio-carbon, solvents, lubric oil, base oil, light oil for ships, and intermediate petroleum products as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act and vehicles and machinery prescribed by Presidential Decree.

Nevertheless, on March 23, 2017, the Defendant, at the construction site of Daejeon Seo-gu F, Daejeon, and sold G 2.5 tons G 2.5 tons, which is a construction machine using light oil for vehicles as fuel, H dump truck with an equivalent of 23,800 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a public official statement;

1. Violation Acts and subordinate statutes, written confirmation of collection of samples, check of whether illegal oil field crackdowns are observed, notification of the result of distribution inspection, application of Acts and subordinate statutes to report on distribution business of general petroleum;

1. Article 46 of the Act applicable to the facts constituting an offense and Article 46 of the Act on the Selection of Petroleum and Punishment and Article 39 (1) 8 of the Petroleum Substitute Fuel Business Act (or selection of imprisonment);

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

The circumstances at a disadvantage: Although there are four times the past records of criminal punishment for the crime of this case, and the favorable circumstances that the crime of this case has been committed again: The confession is against the confession, there is no record of criminal punishment more than fines for the same crime, and there is no much amount of proceeds of sale, and the economic benefits acquired by the crime of this case are insignificant.