A. Prosecutor 1) The sentence (Defendant A: imprisonment with prison labor for 6 months, Defendant B: imprisonment with prison labor for 1 year and 6 months) declared by the court below against the Defendants is too uncomfortable and unfair. 2) The judgment of the court below that did not additionally collect criminal proceeds derived from the sale of fake petroleum.

B. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Although there are circumstances such as the fact that the defendant's period of working as an employee in the gas station of this case is long, and in light of the fact that the defendant lent his name to the defendant B, it is difficult to see the defendant as an employee merely. However, the defendant's confession of the main part of the crime of this case, the fact that the defendant does not seem to have obtained a lot of benefits from the crime of this case, the defendant has no criminal record for the same kind of crime, and other circumstances that form the sentencing conditions in the records, such as the defendant's age, character, character, environment, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because

Therefore, this part of the prosecutor's argument is without merit.

B. We also examine the Defendant’s assertion of unfair sentencing regarding Defendant B and the Defendant’s assertion.

There are circumstances such as the confession of the main part of the instant crime, and the fact that the Defendant does not seem to have obtained much profits from the instant crime. However, there are also circumstances such as the fact that the period during which the Defendant sold fake oil extends, the sales volume of fake petroleum is considerably high, and the Defendant committed the instant crime again even though he had the history of having received a criminal disposition of suspended execution due to the same crime.

Ultimately, the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, the background and contents leading to the instant crime, and circumstances after the crime.