The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of eight million won) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the fact that the Defendant continued to engage in fake petroleum retail business in total four times from January 2013 to May 1, 2013, and that the distribution order of fake petroleum products becomes confused due to the sale of fake petroleum products, environmental pollution, risk of accidents, etc., it is necessary to punish the Defendant solemnly.

However, considering the following circumstances: (a) the Defendant was the first offender who had no criminal record; (b) the Defendant currently engaged in another occupation and is expected not to repeat the crime; and (c) the Defendant committed the instant crime to maintain his livelihood in an economically difficult situation; and (d) the Defendant’s character and conduct, the motive, means and methods of the instant crime; and (e) circumstances after the instant crime, the lower court’s punishment is somewhat unreasonable.

B. Therefore, the defendant's assertion is with merit and prosecutor's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the Act applicable to facts constituting a crime and subparagraph 3 of Article 44 and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (Selection of Fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;