The judgment below

The violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be reversed.

Defendant shall be punished by imprisonment for eight months.

1. Progress of judgment and scope of judgment of this court;

A. On March 29, 2017, the lower court found the Defendant not guilty of fraud among the facts charged in the instant case and ordered the Defendant to provide community service for 2 years of suspended execution and 120 hours of imprisonment in October, by recognizing the Defendant guilty of violation of the remaining petroleum and alternative fuel business. Accordingly, on the grounds of erroneous determination of innocence and misapprehension of legal principles as to the acquitted portion and unfair sentencing, the Defendant appealed each on the grounds of unfair sentencing. 2) Prior to remand, the lower court reversed the conviction portion of the lower judgment, and dismissed the Prosecutor’s appeal against the acquitted portion on the grounds that the Defendant’s act of selling petroleum beyond the used vehicle under the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 13085, Jan. 28, 2015; hereinafter “former Petroleum Business Act”).

Accordingly, the prosecutor appealed the judgment prior to the remand on the grounds of violation of the rules of evidence and misapprehension of the legal principle.

3. The Supreme Court held that the judgment prior to remand did not err by misapprehending the legal principles on the interpretation of selling less than the net quantity in the violation of the former Petroleum Business Act, thereby adversely affecting the conclusion of the judgment. The Supreme Court reversed the part concerning the violation of the Petroleum and Petroleum Substitute Fuel Business Act in the judgment prior to remand, and remanded the case to this court. The Prosecutor’s appeal was dismissed.

B. Since the judgment of the court below regarding fraud is separated from the Supreme Court's dismissal decision, the scope of this court's judgment is limited to the violation of the Petroleum and Petroleum Substitute Fuel Business Act that has been reversed by the Supreme Court.

2. Summary of grounds for appeal;

A. Defendant .