A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[2012 Highest 5766] No person may sell or keep petroleum products or materials containing petrochemicals for the purpose of manufacturing or using fake petroleum products as fake petroleum products. However, the Defendant sold the average of five copies per day using a mixture of lunael and luene (17 litres; hereinafter the same shall apply) mixed with luene, a petrochemicals, and a small part or a single copy, to make it manufactured or used in fake petroleum products at the container shop located in Daegu North-gu, Daegu, from July 13, 2012 to July 13, 2012. The Defendant, at the above place, sold them under the average of 5 parts per day by using naela or luuta, a small part or a mixture of 231 copies or 1,200 liter for the same purpose.

[2012 Highest 8797] No one may sell or keep fake petroleum products. The Defendant, from around October 19, 2012 to around November 11:30, 2012, at the new sales store operated by the Defendant in Daegu Northern-gu, Daegu-gu, the Defendant kept the above fake petroleum products for the purpose of selling them for fuel at the same place as the above 46,000 won per day by inserting 17 liters mixed with Toluene and Methol to the solvents, which are petrochemicals, into a petroleum product, as a group of 1 parts, with the aim of selling them to the automobiles driven by customers. On October 24, 2012, the Defendant kept the above fake petroleum products for the purpose of selling them for fuel at the same place as the above 153 square meters per day.

Summary of Evidence

[2012 Highest 576]

1. Defendant's legal statement;

1. Police seizure records;

1. A certificate to collect samples for inspection of distribution;

1. On-site photographs (2012 highest 8797);

1. Defendant's legal statement;

1. Each police seizure record and the list of seizure;

1. Forwarding of the results of each test and analysis;

1. Application of statutes on site photographs;

1. Article 44 of the Act applicable to facts constituting a crime, subparagraph 3 of Article 44 and Article 29 (1) 3 of the Petroleum and Petroleum Substitute Fuel Business Act (the point of sale and storage of petroleum products, etc.);