2014 Violation of the Petroleum and Petroleum Substitute Fuel Business Act

A

Lee Jong-chul (Public Prosecutor Acting for Public Prosecutor, Prosecution), Kim Jong-Gyeong (Public Trial)

Attorney B

February 11, 2015

The sentence of sentence against the defendant shall be suspended.

Criminal facts

The defendant is a person who operates 'D gas station' in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

No one shall manufacture, import, store, transport, keep or sell fake petroleum products.

Nevertheless, around January 27, 2014, the Defendant kept the 400 liter of fake petroleum mixed with light oil and oil in the tank for oil owned by the Defendant, which was parked in the above D's parking lot, at the rate of 9:1.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant recognized objective facts that combine light oil with light oil, but argued to the effect that there was no intention to mixture, but in light of the fact that the mixed ratio is substantial, and that the mechanical structure is the structure with which certain parts can only be mixed, the defendant also seems to have sufficiently been aware of it, the defendant's willful negligence is recognized)

1. Legal statement of witness F and G in part;

1. Police suspect interrogation protocol of the accused;

1. Application of both the written accusation and all documents-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 44 subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29(1) subparag. 1 of the Act (Selection of Fines)

1. The type to be suspended;

Fines 2,000,000

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence:

Article 59(1) of the Criminal Code (see, e.g., Article 59(1) that has no record of crime before; Article 59(1) of the Criminal Code (see, e.g., Supreme Court Decision 2007Da14488, Apr. 1, 2

Judges Lee Jae-hee

(i)the meaning of suspension of sentence: the suspension of sentence for a minor offence for a specified period and the suspension of sentence shall be considered to be acquitted upon the lapse of that period;

System,

Effect of suspension of sentence: It shall be considered to be acquitted upon the lapse of two years from the date of receiving the suspension of sentence (Article 60 of the Criminal Act).

The invalidation of a suspended sentence: A judgment of suspension of qualifications or more severe punishment or suspension of qualifications or more severe punishment during the suspended sentence.

When a previous conviction resulting in the punishment is discovered, the suspended punishment shall be imposed (Article 61 of the Criminal Act).