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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall manufacture, import, store, transport, store or sell fake petroleum products.
Nevertheless, on April 30, 2016, the Defendant manufactured and stored fake petroleum products (products mixed with approximately 25% of other petroleum products via automobiles) by mixing 4,00 liters via the oil storage tank even though oil remains in the C storage tank located in the Namnam-gun, Namnam-gun, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the prosecution with regard to D;
1. Statement made by the police for E;
1. A copy of a quality inspection report of a petroleum retail business establishment, a certificate of collection of samples, a criminal investigation report No. 5099, a protocol of examination of suspects, etc.;
1. The defendant asserts that he did not have manufactured or stored fake petroleum products because he/she is not aware of the fact that he/she included in the oil storage tank oil oil oil and light oil in light of the fact that he/she did not have manufactured or stored them.
However, the following circumstances acknowledged by the court’s legitimate examination of evidence are as follows: ① (i) as a result of collecting and analyzing samples in the instant storage facility around July 21, 2016 by the Jeonnam Regional Police Agency, the Maritime Police Agency, and the Korea Petroleum Management Agency, it was confirmed that it was a fake petroleum mixed with approximately 25% of other petroleum products (oil, etc.) in transit; (ii) the oil storage tank for which the sample was collected was used from February 2016 to May 2016 for manufacturing fake petroleum; and (iii) in light of the relationship between the Defendant and D and the process that D suspended the manufacture of fake petroleum in the instant storage tank, the Defendant recovered the petroleum from D’s petroleum storage tank.