The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) (1) The defendant asserted in the court of original instance that "the defendant did not know that the plaintiff's wife F was mixed with the oil stored in the mobile oil tank and sold it without knowing that it was mixed with the oil stored in the mobile oil tank," but it is not consistent with the common sense to determine that the defendant was unaware of the fact of mixed oil based on the defendant's statement made in the investigative agency even though the defendant was aware of such mixed oil, it is difficult to find the defendant not guilty of the facts of this case because he did not know of the facts of this case. ② The court below found the defendant that there was no motive to sell mixed oil due to mixing with oil, but it cannot be readily concluded that the defendant was not able to discard petroleum ( approximately KRW 1,624,300 won of petroleum oil in the form of 1,624,300 won, and ③ the court below found the defendant not guilty of the facts of this case's petroleum sales on the grounds that it was difficult to find the defendant guilty of this case."

2. Determination

A. The Defendant in the facts charged of the instant case is operating a D gas station in Seosan City C.

It is known that anyone should not manufacture or sell pseudo petroleum products.

Nevertheless, on February 21, 2014, the defendant is in the E-owned oil tank parked there at the above D-owned oil station.