A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

A. In fact, misunderstanding the legal principles and Article 39 (1) 4 of the Petroleum and Petroleum Substitute Fuel Business Act (hereinafter “petroleum Business Act”) must be a petroleum retailer as prescribed by the above Act. However, each of the persons who conspired for the period of 1, 3 through 6, 8, 10, 12, and 13 of the crime list attached to the lower judgment is a shipping agent, and the person who engages in petroleum sales business after filing a registration or report under Article 10 of the above Act.

Therefore, it is deemed that the Defendant, in collusion with them, committed a crime of violating the Petroleum and Petroleum Substitute Fuel Business Act.

The judgment of the court below is erroneous in the misunderstanding of facts or legal principles.

B. The lower court’s sentence (10 months of imprisonment) against an unjust defendant is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

(a) Article 39(1) of the Petroleum Business Act shall not engage in any act falling under any of the following subparagraphs with respect to petroleum refining business entities, petroleum exporters or importers, international petroleum traders, petroleum retailers, petroleum stockpiling agents, petroleum substitute fuel manufacturers, etc.:

In such cases, detailed matters concerning the types of business facilities and activities for installation and remodeling under subparagraphs 1 and 4 shall be prescribed by Presidential Decree.

“The act of installing or altering business facilities for the purpose of selling below the fixed quantity under subparagraph 2” is prohibited under subparagraph 4.

On the other hand, Article 2 subparag. 2 and subparag. 3 of the same Act provides that “any person” shall be construed as “any petroleum refining business entity, any petroleum exporter and importer, any international petroleum trader, any petroleum retail business entity, any petroleum retail business entity, or any alternative petroleum fuel manufacturer, etc.,” and each “business entity” under the same Article refers to a person who satisfies the requirements prescribed by the Petroleum Business Act, such as registration or report, and performs the relevant business (Article 2 subparag. 7, 8, 8-2, 9, 14, and 17(2) of the same Act).