In addition, the defendant believed that Schlage Construction was holding his own equipment in Japan, and therefore there is no problem in the way of using his own equipment, and thus, he did not recognize the illegality of the above act.

Therefore, the Defendant constitutes a criminal negligence in violation of laws and regulations, and criminal negligence can be punished only when there are special provisions in law. Thus, the Defendant cannot be punished pursuant to Article 46 subparag. 10 and Article 39(1)7 of the Petroleum and Petroleum Substitute Fuel Business Act.

2. The following facts or circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① a petroleum retailer shall not sell petroleum, etc. as fuel for automobiles and vehicles and machinery prescribed by Presidential Decree (Article 39(1)7 of the Petroleum and Petroleum Substitute Fuel Business Act). However, the Defendant, etc. oiling 334 liters as fuel for minc comprehensive construction and sold such oil (it does not affect the establishment of a crime even if the Defendant, upon his request, sold light oil as fuel for the above construction machinery). ② M was discovered at an investigative agency after drinking 249 liters of oil, etc. for the mine at the time. The Defendant made a statement at an investigative agency to the effect that “1 to 34 liters of oil, etc., were loaded at the gas station, etc.” (Article 39(1)7 of the Petroleum and Petroleum Substitute Fuel Business Act). The Defendant made a statement at an investigative agency to the effect that “1 to 30 liter’s evidence was supplied to the mine site, such as a truck on the ground.”