Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant is operating a general retail shop with the trade name “C” in South-gu at port.

A person who operates a general retail shop shall not move and sell fuel oil among construction machinery under the Construction Machinery Management Act to consumers who use it as fuel oil, such as dump trucks, and shall not sell light oil, etc. as fuel for construction machinery, etc. under the Construction Machinery Management Act.

On October 4, 2016, at around 02:0, the Defendant sold 70 liters trucks, which are construction machinery, for fuel fuel, using D cargo vehicles, which are fuel supply vehicles, at the Gump trucks parking lot located in the Gump Eup of Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing the inspection of petroleum products, inspection marks as to whether petroleum distribution order is observed, field photographs, and reporting on petroleum sales business;

1. Subparagraph 10 of Article 46, Article 39 (1) 8 (a), and Article 10 (a) of the Act on the Punishment of Criminal Crimes as to Construction Machinery, including Oil, etc.) and Article 46 (10), Article 39 (1) 10 (a mobile sales) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Recognizing the crime of sentencing under Article 334(1) of the Criminal Procedure Act, there are objections against the mistake by recognizing the crime of sentencing, one-time crime and the smaller amount of the crime, the fact that the Defendant did not obtain the price for the crime, the Defendant was punished by a fine, and the Defendant’s prior establishment was discovered due to the same type of crime, and the Defendant’s prior establishment is scheduled to be subject to a disposition of closure of the place of business, and other various sentencing factors indicated in the record, such as Defendant’s age, sex, environment, and circumstances before and after the crime.