Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Punishment of the crime

Defendant

A is the representative of Defendant B, who is in the Chungcheong-gun Co., Ltd., and Defendant B is a corporation that runs the wholesale and retail business of aggregate.

1. No person who intends to manufacture, import, store, transport, keep or sell fake petroleum products;

From December 2, 2017 to February 2, 2018, the Defendant manufactured fake petroleum products in a manner that combines light oil (4,000 liter) and oil (4,000 liter) supplied by D gas stations in the warehouse B, and stored them in a fuel tank.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the same date and at the same place as paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Transmission of the results of inspection of the quality and distribution of petroleum products;

1. Application of statutes on field control photographs and specifications of transactions;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 44 subparag. 3 of the Petroleum and Petroleum Substitute Fuel Business Act and Article 29(1)1 of the same Act (amended by Presidential Decree No. 1) of the Act on the Punishment, etc. of Petroleum and Petroleum Substitute Fuel Business Act (amended by Presidential Decree No. 2020, Jan. 1, 2007) are prosecuted for the “use of fake petroleum products in the operation of dump trucks while keeping them in fuel tanks after manufacturing them in a fuel tank” as indicated in the judgment of Defendant A, and the applicable provisions of the indictment were stated in Articles 44 subparag.

However, the act of “use” knowing that it is fake petroleum products is not listed as prohibited acts pursuant to Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act.

Furthermore, since the direct legal interest of the penalty provision of violation of Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act is the social legal interest of securing the proper quality of petroleum products, it shall continue to be under a single and continuous criminal intent.