The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) stated that the Defendant was guilty of the facts charged in the instant case by failing to exhaust all necessary deliberations regarding the Defendant’s violation of the quality standards, such as the cause of water leakage, the recognition of the Defendant, and whether measures were taken, although the Defendant asserted that it was due to the tank leakage in the process of the violation of the quality standards of light oil in this case, and the Defendant’s assertion that the cause of violation is not known. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

(a) A major petroleum retailer of the facts charged shall not keep petroleum products for the purpose of selling them that do not meet the quality standards;

The Defendant, on August 14, 2012, as a petroleum retailer operating the “D gas station” (hereinafter “instant gas station”) located in Samsung-si, the Defendant kept the instant gas station for the purpose of selling 8,000-liters for light oil, the “water and sediment” of which is 0.1% below quality standards (pump standard) and which does not meet 0.02% below quality standards (pump standard).

B. According to the evidence duly admitted and examined by the prosecutor, the lower court determined that, among six samples taken at the gas station in the instant case on August 14, 2012, the Defendant found that the “water and sediment” did not meet the quality standards of 0.02% or less (based on volume) as a result of the examination of six samples taken at the gas station in the instant case on August 14, 2012, but, on the other hand, eight samples collected at the gas station in the instant case on August 14, 2012 by employees belonging to the Daegu North Korea Headquarters at the Institute, 4 through 6 were three main samples for automobile transit (based on the relevant alcohol number, FH07-5250, FH07-524, FH07-5254, H07-5254), and the remainder of samples collected from each of the aforementioned water tanks at the time of storage of 10-10-10-10-20-10-10-3 samples.