Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who operates a gas station in the name of “C gas station” in Kimpo-si B.
No one shall manufacture, import, store, transport, keep, or sell fake petroleum products.
Nevertheless, from early April 2013 to August 6, 2013, the Defendant manufactured fake transit, which is a fake petroleum product, by mixing the transit and light oil into two underground oil storage tanks installed therein at the aforementioned gas station, at the rate of 7:3:, during the aforementioned period, the Defendant sold approximately 443,200-liters of fake transit manufactured as above to many unspecified customers who found the gas station during the said period. On August 6, 2013, the Defendant kept approximately 30,80-liters of fake transit manufactured as above in the oil storage tank at the above gas station.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each police statement made to D and E;
1. Seizure records;
1. Each photograph;
1. Registration certificate for petroleum retail business, a gas station lease contract, and the current status of sales by item;
1. Application of Acts and subordinate statutes to investigative reports (related to the quantity of seized articles, the results of quality inspections of petroleum products, specific sales volume);
1. Article 44 subparagraph 3 of the Petroleum and Petroleum Substitute Fuel Business Act, including Article 44 and Article 29 (1) 1 of the Act on Criminal Facts;
1. Selection of alternative sentence of imprisonment (the sentence of a sentence shall not be imposed, considering the period, scale of the crime, method of manufacturing and selling fake transit, sale volume, size of sales, profit-making scale, etc., in which the defendant has committed a mistake, and has no previous conviction for the same kind of crime);