Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall sell a fake petroleum product.

Nevertheless, the Defendant, in collusion with C on July 28, 2016, sold fake petroleum products in collusion with C, which combine 1,200 liters, light oil in the construction site located in G at the time of sowing by using L-type 3 home, in collusion with C, at the construction site in G at the time of sowing, using L-type 1,200 liters, and light oil 30 liters in the construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of C or the accused by the prosecution;

1. Each police statement made to H and I;

1. As a result of the quality inspection of petroleum products, the Defendant’s defense counsel asserts that he was aware of the fact that a petroleum product mixed with light oil is a fake petroleum product prohibited by the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “Capital Business Act”). However, according to Article 2 subparag. 10(a) of the Petroleum Business Act, the term “fluor petroleum product” means a mixture of other petroleum products (including any petroleum product, the grade of which is different) into petroleum products. As long as the Defendant sold petroleum products mixed with light oil and other petroleum products, the Defendant’s act was unaware of whether it violated the Petroleum Business Act.

This constitutes a simple site of law.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

1. Article 44 Subparag. 3 and Article 29 Subparag. 1 of the Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act and the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;