Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

From June 30, 2013 to July 13, 2013, the Defendant stored approximately 391-liter of fake petroleum products, which mixed about 20% of petroleum products with other petroleum products in the automobile transit in the “D station operated by the Defendant”, in the E-Tankri-gu Daejeon, Daejeon.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on seizure and a list of seizure, a confirmation of collection of samples for quality inspection, a report on investigation (explics of the site of seizure), and an investigation report (investigation into the net quantity

1. Article 44 of the relevant Act on criminal facts and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum Substitute Fuel Business Act as to the option of petroleum and punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserted that: (a) on June 30, 2013, the storage tank space was insufficient and, as a result, the mixed oil was put in the tank glass that was containing oil; and (b) the mixed oil was planned to consume as heating oil, etc.; (c) so it cannot be deemed that it was manufactured for the purpose of using or allowing others to use as fuel for automobiles, etc.; and (d) it does not constitute “fake petroleum products” under Article 2 subparag

The following circumstances acknowledged in accordance with the evidence of the judgment, i.e., ① even if the space of the storage tank was insufficient as alleged by the defendant, so long as the space in front of the tank can store maximum 2,00 liters (the defendant's assertion was referred to as "the case was made", and according to the written confirmation of the extraction of samples for quality inspection, there was only 1,500 liters at the time of July 13, 2013) and later, the light oil of 80-90 liters in the column could have been moved to the tank front of the tank and put it into the tank. ② The inspector, who was at the time of control, could first put it into the tank back, and the inspector in the court.