Judgment

Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act provides that “no person shall manufacture, import, store, transport, keep, or sell fake petroleum products.” Article 44 Subparag. 3 of the same Act, which is a penal provision, provides that a person who violates Article 29(1)1, shall be punished.

Meanwhile, if a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent and the same legal benefits are the same, each act shall be punished by a single comprehensive crime. Since the legal interests protected under the direct legal interests of the punishment for the violation of Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act are the social legal interests of securing the proper quality of petroleum products, the act violating Article 29 (1) 1 of the Petroleum Business Act by selling fake petroleum products continuously for a certain period under the single and continuous criminal intent, all of them constitute a single crime under Article 44 (3) and Article 29 (1) 1 of the Petroleum Business Act.

(1) According to the records, the Defendant was sentenced to a fine of two million won at the Ulsan District Court on November 7, 2012 to a violation of the Petroleum and Petroleum Substitute Fuel Business Act, and the judgment became final and conclusive on November 15, 2012; and even if any person is prohibited from manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products, the Defendant is both c and D. from May 7, 2012 to 18:49 of the same month.