The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (three million won of a fine) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In light of the purport of the Petroleum and Petroleum Substitute Fuel Business Act, where the crime of this case is prohibited from manufacturing and selling pseudo petroleum products to protect consumers through the quality control of petroleum products, the prevention of Fiscal Evasion with respect to such products, and to protect the people’s body and environment, etc., the

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime, the period of selling fake petroleum products is not long, and there are no criminal records of the same kind, and other circumstances that are shown in the records and arguments, such as the defendant's age, character and conduct, environment, economic circumstances, and circumstances after the crime, the punishment of the court below is somewhat inappropriate.

The prosecutor's argument is without merit, and the defendant's argument is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries 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 criminal facts, Article 44 subparagraph 3 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business, and Article 29 (1) 1 of the Act on the Selection of Fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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