1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except for dismissal or addition of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Article 29(1)1 of the first instance court’s ruling provides that “On the 5th page of the first instance court’s ruling, “n shall not manufacture, import, store, transport, keep in custody or sell fake petroleum products” with “liter” as follows.

In light of the following circumstances acknowledged by comprehensively taking account of the facts found at the bottom of the fifth to sixth to nine parts of the judgment of the first instance court as follows: (a) the Plaintiff sold fake petroleum products mixed with diesel oil, as discovered in the sample of this case, or sold fake petroleum products by the method of oiling, first being milking through the box of this case, and then oiling after being milking. (A) Although three tanks are separated from each other on the mobile-sale vehicles of this case, it is difficult to conclude that the Plaintiff sold fake petroleum products by the method of selling fake petroleum products with light oil, etc., as discovered in the sample of this case; (b) although the three tanks are separated from each other on the mobile-sale vehicles of this case, it is possible to inject different kinds of petroleum products loaded in each tank due to a single structure of main oil pipe, gas stuff, and main entertainment; and (c) as a result, it is likely that other petroleum products remaining in the alcoholic beverage might be mixed with each other.

B. On each of the loading tanks of the instant mobile-sale vehicles, light oil was loaded in each of the loading tanks, and F at the time of crackdown, oil was being oiled in the state where the server of the loading tank containing light oil was opened, and therefore, it was collected from the main oil pipe through the oil pipe and the oil tank. As such, light oil was supplied in the loading tank and collected from the main oil tank through the oil pipeline and the oil tank. From the sample of this case, light oil was about 15%, and light oil was 85% mixed.