A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daejeon District Court on August 10, 2017, and was sentenced to a suspended sentence of two years for six months. On December 22, 2017, the above judgment becomes final and conclusive and conclusive during the suspended sentence.

[Criminal facts] The Defendant is a person who runs a petroleum sales business (general retail shop) with the trade name “C” in the Dae-gu Seoul Metropolitan Government B in the large exhibition.

No petroleum retailer shall sell petroleum, such as oil, secondary fuel oil, bio-fuel diesel, bio-carbon, solvent, lubric oil, base oil, light oil for ships, and intermediate 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 May 24, 2018, the Defendant sold at the construction site of apartment buildings located in the Jung-gu Daejeon District, Daejeon, Daejeon, D2.5 tons by using an oil vehicle for the T mobile purpose, which is a construction machinery, the price of KRW 49,400.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of confirmation of collection of samples and a check of compliance with prohibition against acts;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. The punishment as ordered in light of all the circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., on the grounds of sentencing under Articles 46 subparagraph 10 and 39 (1) 8 of the relevant Act and the Petroleum Substitute Fuel Business Act as to the crime;

An unfavorable circumstances: The fact that the instant crime was committed during the period of suspension of execution for the same crime, the circumstances favorable to the fact that the person has been punished several times for the same crime: The confession, the confession has been divided, the person has no criminal record of the suspension of execution or more, the amount of the sale has not been much enough and the economic benefits have not been achieved.