The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (definites) is as follows: (a) light oil in transit stored in the E-fuel tank at the time of the instant case is mixed with 10%; (b) however, it is not mixed for the purpose of selling fake petroleum products by the Defendant’s intentional intent, but is not mixed with light oil by negligence.

2. Determination

A. The gist of the facts charged is that the Defendant is operating a “D gas station” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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

Nevertheless, around January 27, 2014, the Defendant kept the volume of fake petroleum 400 liters mixed with light oil and light oil stored in the tank of oil owned by the Defendant, which was parked in the above D’s parking lot, with the ratio of 9:1.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

C. However, we cannot agree with the judgment of the court below for the following reasons.

1) Article 13 of the Criminal Act provides that “an act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable.” However, the same shall not apply to the case where there are special provisions in the Act, and Article 14 of the Criminal Act provides that “an act performed through ignorance of the facts which comprise the constituent elements of a crime by neglect of normal attention shall be punished only where there are special provisions in the Act.” Therefore, even if an administrative regulation is the principal subject matter, an intentional act may be punishable in accordance with the principle of the Criminal Act, except where there is a clear provision or interpretation, and where it is evident that the criminal negligence is punishable (see, e.g., Supreme Court Decision 2009Do9807, Feb. 11, 2010).

Article 44 (3) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 200 million won, for a person who manufactures, imports, stores, transports, keeps, or sells fake petroleum products in violation of Article 29 (1) 1.