The judgment below

Among them, petroleum and alternative fuel business due to the failure to conduct quality inspections on the O products by the Defendants.

The grounds of appeal are examined.

1. As to the ground of appeal on the violation of the Petroleum and Petroleum Substitute Fuel Business Act due to the failure of quality inspection of O products

A. The summary of this part of the facts charged is that (1) Defendant A, in collusion with I, sold O (No. 10) which is a petroleum product as an exception product from April 1, 2009 to January 6, 2010, did not undergo the quality inspection of the Institute. (2) Defendant B, in collusion with I, sold O (No. 10) which is a petroleum product as an exception product and did not undergo the quality inspection of the Institute. (3) Defendant B, in collusion with I, sold O (No. 10) which is a petroleum product as an exception product, and did not undergo the quality inspection of the Institute.

B. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on this part of the facts charged, on the ground that it is difficult to deem that the provision on quality inspections under the Petroleum and Petroleum Substitute Fuel Business Act was violated, even if it sold solvents which did not undergo quality inspections as an excluding product.

C. However, we cannot accept the above determination by the court below for the following reasons.

1) The former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Petroleum Business Act”).

Article 24 of the former Petroleum Business Act provides that the Minister of Knowledge Economy may determine the quality standards of petroleum products in order to ensure the proper quality of petroleum products (Article 1). In addition, Article 25 of the former Petroleum Business Act provides that a petroleum refiner, etc. shall undergo an inspection by the Institute in cases where he/she sells or delivers petroleum products prescribed by Ordinance of the Ministry of Knowledge Economy (main sentence of paragraph (1)), quality inspection, and self-inspection, and other necessary matters shall be prescribed by Ordinance of the Ministry of Knowledge Economy (Article 3).