The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by imprisonment for ten months.

(b).

1. The summary of the grounds for appeal is too unfasible that each of the punishments (two years of suspended execution, two years of suspended execution in October and two years of suspended execution in imprisonment in case of Defendant D: two years of suspended execution in case of suspended execution in case of imprisonment in 8 months) sentenced by the court below against the Defendants is too unfasible.

2. Determination

A. We examine ex officio the judgment of the court below on Defendant B and C prior to the judgment on the grounds of unfair sentencing by the prosecutor on the judgment of the court below.

In the trial court, the prosecutor applied for the amendment of a bill of amendment to the indictment in addition to "Article 37 (former part) of the Criminal Act and Article 38 (1) 2 of the Criminal Act" to the applicable provisions of the above defendants, and since this court permitted it, the judgment of the court below was no longer maintained.

B. In light of the purport of the Petroleum and Petroleum Substitute Fuel Business Act, which prohibits the manufacture and sale of pseudo petroleum products for the purpose of protecting consumers through the quality control of petroleum products, preventing the prevention of Fiscal Evasion, and protecting the body and environment of the people, the Defendants A sold approximately KRW 38,657,50 in total, and KRW 14,400 in total and KRW 20,40,000 in fake petroleum products for eight months, and Defendant D sold approximately KRW 29,619 in total, and KRW 38,657,50 in total, and KRW 14,40,00 in total, for eight months, and the sales period and quantity are considerable, and in the case of Defendant D, the same kind and one time before the same kind of crime are unfavorable to each of the Defendants.

However, the defendants are both aware of and reflect on the crimes, and the defendant A does not have the same criminal record, and the defendants do not have any criminal record beyond the suspension of execution, etc. are favorable circumstances to the defendants.

In full view of the above-mentioned normal relationship and other circumstances revealed in the records and arguments, such as the above Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, the lower court did not determine that each sentence imposed against the above Defendants is too uneasible and unfair.