A defendant shall be punished by imprisonment for not less than eight months.

2. In light of the following: (a) the Defendant again committed the instant crime even though he had the record of having been sentenced to a suspended sentence due to the same type of crime; (b) the Defendant committed the instant crime; (c) the volume of fake transit handled by the Defendant was significant; (d) the Defendant took advantage of a large amount of profits from the instant crime; (c) the Defendant planned and executed the instant crime by sharing his roles with his accomplices; and (d) the Defendant not only sold customers’ trust but also sold fake transit through the Defendant’s vehicle; and (e) may cause considerable risk to the consumer’s performance and safety; (b) the Defendant’s sentence is inevitable; (c) however, the Defendant reflects the mistake while committing the instant crime; (d) the Defendant appears to have been committed for his livelihood; (e) the suspended sentence of imprisonment with prison labor should be taken into account; and (e) the Defendant’s age, character and conduct, occupation and environment; and (e) the circumstances after committing the instant crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 44 subparagraph 3 and 29 (1) 1 of the relevant Act on Criminal Facts and Articles 44 and 39 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (a point of sale and storage of fake petroleum products), Article 44 subparagraph 6 and Article 39 of the Petroleum and Petroleum Substitute Fuel Business Act.