A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant operated a gas station with the trade name “D gas station” in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si.

Although anyone is prohibited from manufacturing, importing, storing, transporting, storing or selling fake petroleum products, the Defendant, at around February 2, 2013, sold a large volume of fake petroleum product 3,000 liters mixed with about 85% of oil, salt, etc. in the normal light oil at the “D station”, and around the fourth day of the same month, he/she kept approximately 80% of petroleum products 14,00 liters of fake petroleum products mixed with oil, salt, etc. in the normal light at the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. F's certificate;

1. Records of seizure and the list;

1. Information about the quality of petroleum products, the results of the distribution inspection, the confirmation of collection of samples for quality inspection, and inquiries and answers in relation to salt materials;

1. A copy of shipment slip and a copy of sales account book;

1. Application of each statute on photographs;

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Article 44 and Article 29 (1) 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business and the Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution, the Defendant and the defense counsel asserted that the Defendant had no intention to sell fake petroleum products by mixing it with light oil due to its failure.

According to the records, a fake petroleum product containing about 80-85% of heavy oil, such as heavy oil, is discovered in the storage tank of the defendant, and other salt charges, which are not used in each oil refinery, have been detected, and a specific percentage (25-35%) is mixed with oil, but a statutory identification system is not entered, and a statutory identification system is added to light oil sold in the oil refinery.

In the instant fake petroleum products, legal identification agents and salts were detected, and:

This is normal.