The defendant shall be innocent.

1. The Defendant is a person who operates a gas station in the Sinsan City B.

No one shall manufacture, import, store, transport, keep, or sell fake petroleum products.

Nevertheless, at around 10:10 on August 24, 2017, the Defendant opened a supply valve, such as the supply valve and the supply valve of the E-Cro vehicle, a vehicle moving and selling the gas station in the construction site of the military apartment, and simultaneously manufactures and sells fake petroleum products, which combines light oil with light oil by oiling it to the fuel tank of the Fcomp construction equipment located in the said tank at the same time, and from August 23, 2017 to August 24, 2017, the Defendant manufactured and sold fake petroleum products in total seven times in the same manner as the list of crimes in attached Form 2,696,724 won at the market price.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to readily conclude that the Defendant manufactured and sold fake petroleum products by mixing them with light oil and oil, solely on the sole ground that the sample collected from construction machinery at the construction site (hereinafter “instant construction site”) as indicated in the facts charged was a fake petroleum product with light oil. It is difficult to deem that the evidence submitted by the prosecutor alone proves that the Defendant manufactured and sold fake petroleum products as indicated in the facts charged is insufficient to readily conclude that there is no reasonable doubt that the Defendant manufactured and sold fake petroleum products as indicated in the facts charged.

Defendant and defense counsel asserted that G, an employee of the Institute, has taken samples without a warrant of seizure, and the Minister of Trade, Industry and Energy has the authority to verify whether the prohibition of manufacturing fake petroleum products, etc. is complied with pursuant to Article 43(2) of the Petroleum and Petroleum Substitute Fuel Business Act and Article 45(4)10 and 16 of the Enforcement Decree of the same Act.