The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and the evidence submitted by the Prosecutor, the lower court found the Defendant not guilty of the facts charged of this case solely on the basis of the reasoning in its holding, although the Defendant could have sufficiently acknowledged the fact that he intentionally exceeded, and sold light oil below the net quantity, as stated in the facts charged of this case.

2. Determination

A. The summary of the facts charged in this case is that the Defendant is operating a D gas station located in Gangseo-gu Busan Metropolitan City, and no person shall sell petroleum and alternative petroleum fuel below the net quantity after he/she is exempted from the used vehicles prescribed by Presidential Decree.

Nevertheless, around 16:00 on January 16, 2017, the Defendant sold the light oil for automobiles to the 100 locks (100 locks ±750 locks) -900 locks, as a result of the petroleum distribution inspection on the main abandonment of D gas stations located in Gangseo-gu Busan Metropolitan City (hereinafter “instant mobile-sale vehicles”).

B. In full view of the following circumstances revealed through the records of this case, the lower court found the Defendant not guilty of the facts charged of this case on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant intentionally exceeded, or sold light oil below, its net quantity, and that there was no other evidence to prove otherwise.

① On January 16, 2017, F of the Korea Petroleum Institute Employee F of the Korea Petroleum Institute: (a) as a result of the quantitative sales inspection conducted at the oil station operated by the Defendant on the part of the Defendant, the first -900mml, the second -900ml, the second -900ml, and the second - the suitability determination for the vehicle G of the mobile sales vehicle.

(2) As to this, the Defendant, who did not frequently use the mobile-sale vehicle in the instant mobile-sale vehicle, 150-liters via an underground tank in the gas station, are influorted.