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The defendant shall be innocent.
Reasons
1. The summary of the facts charged shall not be sold to a person who operates a gas station located in Gangseo-gu Busan Metropolitan City D, and no person shall be allowed to sell petroleum and alternative fuels below the fixed quantity by exceeding the used vehicles prescribed by Presidential Decree;
Nevertheless, around 16:00 on January 16, 2017, the Defendant sold the light oil for automobiles to the 100 locks (100 locks ±750 locks) -900 locks, as a result of the petroleum distribution inspection on the main abandonment of D gas stations located in Gangseo-gu Busan Metropolitan City (hereinafter “instant mobile-sale vehicles”).
2. The burden of proof of the criminal facts prosecuted in a criminal trial for determination ought to be based on the probative evidence that leads a judge to have the conviction that the facts charged are true enough to the extent that there is no reasonable doubt. Thus, if there is no such evidence, the interest of the defendant may be determined even if there is a suspicion of guilt against the defendant (see Supreme Court Decision 2005Do4737, Feb. 24, 2006, etc.). In light of the following circumstances revealed by the records of this case, the evidence submitted by the prosecutor alone proves that the defendant intentionally exceeded the bounds of his/her tolerance used and sold through the net quantity without reasonable doubt.
It is difficult to see, and there is no other evidence to acknowledge it.
① On January 16, 2017, F of the Korea Petroleum Institute Employee F of the Korea Petroleum Institute: (a) as a result of the quantitative sales inspection conducted at the oil station operated by the Defendant on the part of the Defendant, the first -900mml, the second -900ml, the second -900ml, and the second - the suitability determination for the vehicle G of the mobile sales vehicle.
(2) As to this, the Defendant was in the underground tank in the oil station because the oil tank in the instant mobile-sale vehicle, which was not frequently used, was in the oil station.