The judgment below

The guilty part against Defendant N is reversed.

Defendant

N shall be punished by a fine of three million won.

Summary of Grounds for Appeal

A. Defendant N flight did not offer a cell phone to Defendant A, but wanted to know the truth about the situation.

B. Prosecutor 1) In light of the erroneous determination of facts (as to the violation of the Petroleum and Petroleum Substitute Fuel Business Act against Defendants A, B, D, E, F, G, H, I, K, L, and Defendant N, the lower court did not recognize the Defendants’ willful negligence on the part of selling pseudo petroleum in light of the Defendants’ work experience, trade channel, price, etc., but did not recognize it. (2) In light of the fact that Defendants M and N denies (as to Defendants J, M, and N) deny the crime, and serious damage to consumers due to the sale of pseudo petroleum, the lower court’s punishment (the Defendant M, J: KRW 5 million each fine, and Defendant N: KRW 3 million) is unfair.

2. According to the records of the judgment on Defendant J and M’s appeal, Defendant J filed an appeal against each of the lower judgment on December 13, 2018, and Defendant M filed an appeal against each of the lower judgment on December 7, 2018, and the Defendants did not submit the appellate brief within 20 days, which is the submission period for the appellate brief, even if the Defendants received each of the appellate brief on January 2, 2019. The appellate brief does not include the grounds for appeal in the appellate brief, nor does there exist grounds for ex officio examination even after examining the records.

Therefore, the appeal by the above Defendants should be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a judgment is pronounced on the appeal by Defendant N and Prosecutor, a separate dismissal decision shall not be made and a judgment shall be rendered together with a judgment

3. According to the substantial facts in this court’s ex officio determination with respect to Defendant N, Defendant N was sentenced on September 20, 2017 to imprisonment with prison labor for the violation of the Electronic Financial Transactions Act, for four months, and two years of suspended execution, and the said judgment became final and conclusive on June 26, 2018.

Thus, the crime of the judgment of the court below and the above crime of the judgment of the court below against the defendant are concurrent crimes in the latter part of Article 37.