Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Punishment of the crime

1. No person who intends to manufacture, import, store, transport, keep or sell fake petroleum products;

Nevertheless, from January 2013 to April 16, 2013, Defendant A operated a non-trade-free stop store in Daegu-gun Co., Ltd., Daegu-gun, and sold fake petroleum products in which small and medium-sized petroleum products mixed with small and medium-sized petroleum products are 17,00 won to unspecified drivers who wish to oil.

Accordingly, the Defendant sold fake petroleum products.

2. Defendant B, from January 2013 to September 11, 2013, at the place specified in paragraph (1), Defendant B, the wife of Defendant B, at least 4-5 times per month from January 2013 to September 1, 2013, observed and managed the said stop stop store on behalf of the said Party A, etc.

Accordingly, Defendant B aided and aided the above A’s act of selling fake petroleum products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to verify the collection of samples for distribution inspection, test report, confirmation of collection of samples, results of component analysis, and forwarding;

1. Defendant A of the relevant criminal facts: Article 44 subparagraph 3 of the Act on the Business of Petroleum and Petroleum Substitute Fuel and Article 29 (1) 1 of the same Act: Subparagraph 3 of Article 44 and Article 29 (1) 1 of the same Act; Article 32 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant B who aided and mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: there is a need for strict punishment in that the Defendants repeatedly commit the crime of selling fake petroleum in sentencing Article 62-2 of the Criminal Act.

However, in the case of Defendant A, there is no record of being sentenced to the suspension of execution or more, and in the case of Defendant B, it has already been sentenced to the suspension of execution due to the same kind of crime, but it is only prosecuted as an aiding and abetting.