The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant could fully recognize the fact that he had sold gasoline in excess of the quantity of used cars, in full view of the evidence presented by the prosecutor as to the summary of the grounds for appeal.

2. Determination

A. The summary of the facts charged in the instant case is a petroleum retailer operating a gas station in the name of “C” in Daegu-gu, and a petroleum retailer is not allowed to sell petroleum and alternative fuel below the fixed quantity by deviating from using petroleum and alternative fuel.

Nevertheless, at around 14:00 on November 3, 2014, the Defendant used a gasoline liquor in the above gas station, and sold the gas station to customers who find the gas station below 160ml in the fixed quantity of 20ml from 150ml (5% of the user car 0.75%) of the fuel 20ml.

B. The lower court’s judgment: (a) the following circumstances revealed by the evidence duly adopted and examined by the lower court; (b) (c) the Defendant’s net sales inspection on November 3, 2014 with respect to gas stations operated by the Defendant was found to have a problem exceeding 10 meters only when one of them was used for the purpose of sale (e.g., water number EL12093555); and (b) the Defendant has sealed the Korea Institute of Machinery and Electric Testing for every three years in accordance with relevant statutes and sold petroleum. The period of validity of the inspection on gas stations used for the sale was at least one year and 7 months as of July 2016; (d) the Defendant was subject to the fixed quantity inspection by bearing the expenses on his own each year more strictly than the standards under relevant statutes; and (e) the Defendant had conducted the inspection on the quantity of petroleum products used for the sale and the quality inspection on the water before March 1, 2018 (e.g., the instant inspection on the quantity of petroleum products used for the sale.