Acquittal of the accused shall be acquitted.

Although no person is allowed to manufacture, import, store, transport, store and sell fake petroleum products, he/she sold fake petroleum products (one name: hereinafter referred to as "melting") to an unspecified passenger vehicle driver from April 20, 2012 to May 16:03, 2012, and stored 23 copies for sale purposes.

Judgment

Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act provides that “no person shall manufacture, import, store, transport, keep, or sell fake petroleum products.” Article 44 Subparag. 3 of the same Act, which is a penal provision, provides that a person who violates Article 29(1)1, shall be punished.

Meanwhile, if a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent and the same legal benefits are the same, each act shall be punished by a single comprehensive crime. Since the legal interests protected under the direct legal interests of the punishment for the violation of Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act are the social legal interests of securing the proper quality of petroleum products, the act violating Article 29 (1) 1 of the Petroleum Business Act by selling fake petroleum products continuously for a certain period under the single and continuous criminal intent, all of them constitute a single crime under Article 44 (3) and Article 29 (1) 1 of the Petroleum Business Act.

(1) According to the records, the Defendant was sentenced to a fine of two million won at the Ulsan District Court on November 7, 2012 to a violation of the Petroleum and Petroleum Substitute Fuel Business Act, and the judgment became final and conclusive on November 15, 2012; and even if any person is prohibited from manufacturing, importing, storing, transporting, keeping, or selling fake petroleum products, the Defendant is both c and D. from May 7, 2012 to 18:49 of the same month.