2. Defendant A

(a) The defendant shall be punished by imprisonment for three years and by a fine of one hundred thousand won;

(b).

A. Defendants A) 1) misunderstanding of facts or misunderstanding of legal principles (i.e., [2013 Highest 2441] Case, the Defendant and Defendant B conspired to sell pseudo petroleum products.

There is no direct evidence that Defendant B manufactured and sold pseudo petroleum products under the direction of the Defendant.

Defendant

Around June 24, 2011, pseudo petroleum products, which were contained in a storage tank at the time of collecting samples on August 1, 201, were stored after collecting samples on June 27, 201.

In addition, the collection of samples on June 27, 201 and August 1, 2011 found that the Defendant and Defendant B conspired to manufacture and sell pseudo petroleum products on an intentional basis on the grounds that pseudo petroleum products were detected as a result of the detection of pseudo petroleum products from June 27, 2011 to August 1, 2011 is a mistake of facts due to the violation of the rules of evidence.

B. As to the instant case, the Defendant was not in the G gas station, which is the place of the instant crime, from July 12, 2013 to July 18:25, 2013. The Defendant recognized that he manufactured and sold pseudo petroleum products without any proof as to who is mixed with pseudo petroleum oil and light oil.

Fidelity [2014 Godan1996] In the case, Defendant C’s intentional manufacture and storage of pseudo petroleum products is erroneous, even though it was merely a mixture of light oil in the tank via the waterways of Defendant C by wrong injecting them into the tank via the waterways of Defendant C.

B) The lower court applied Article 48, Article 44 subparag. 3, and Article 29(1)1 of the Petroleum and Petroleum Substitute Fuel Business Act to Defendant A, which is a joint penal provision. Although Article 48 of the aforementioned Act requires the concurrent imposition of fines, the Defendant is not concurrently punished by a fine, and the Defendant is subject to concurrent crimes by selecting imprisonment without prison labor.