Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

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

Nevertheless, the Defendant and B, while jointly operating a gas station in which business funds are jointly carried out, shall divide profits from three to four months into half. On December 24, 2012, at D gas station located in Jung-gu Incheon Metropolitan City, Jung-gu around December 24, 2012, B manufactured fake petroleum products with 75% or more of the petroleum products, such as light oil, etc. by mixing them with 1,500 liters, etc. in light of the method of mixing them with 1,500 liters, and the Defendant, even though he was aware that the above B manufactured a fake petroleum product as above, sold fake petroleum products with the aforementioned customers from around 21:0 on December 24, 2012 to around 13:20 of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The written statement of the defendant;

1. A written statement;

1. Investigation report (the date and time of sale of fake petroleum products and calculation of the amount thereof);

1. A written accusation prepared by the head of Jung-gu Incheon Metropolitan City;

1. Already the results of the quality inspection of petroleum products;

1. A certificate to collect samples for quality inspection;

1. Detailed statement of transactions;

1. The Defendant asserted to the effect that even though he/she had observed the mixture of 1,500 liters via B, he/she sold the mixed petroleum products, and that “the Defendant did not know whether such Defendant’s act was in violation of the law” is against the law.

According to Article 2 subparag. 10 (a) of the Petroleum and Petroleum Substitute Fuel Business Act, “fluor petroleum products” refers to “those manufactured by mixing other petroleum products (including any petroleum products, the grade of which is different) with one another.” As long as “B” constitutes a fake petroleum product under the above Act and the Defendant knowingly sells petroleum products mixed with transit and oil, the Defendant himself/herself.