2. In light of the purpose of legislation of the Petroleum and Petroleum Substitute Fuel Business Act in order to secure a sound distribution order of petroleum products and prevent harm caused by fake petroleum products, it is recognized that the crime of this case cannot be deemed that the crime of this case is light, and that the Defendant has a history of criminal punishment of fines twice due to the same kind of crime.

However, in light of the following circumstances: (a) the Defendant led to the instant crime; and (b) the Defendant has no record of being punished in excess of the fine for the same kind of crime; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s sentence is too

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.