The judgment of the court below is reversed.

1. Defendant A shall be punished by imprisonment for two years.

Daejeon District Prosecutors' Office that was seized in 2011.

1. Summary of grounds for appeal;

A. Defendant A1) In the misconception of facts, in the examination of sample conducted with respect to the Daejeon Jung-gu J oil station in Daejeon, Defendant A1 was judged appropriate on February 9, 201, March 9, 2011, and March 28, 2011. Although pseudo petroleum was detected from sample collected from the O oil storage on March 28, 2011, the sample of J oil was found to be normal, Defendant A1 cannot be deemed to have sold pseudo petroleum in the J oil station in the judgment below, just because pseudo petroleum was detected in the O oil storage on March 28, 2011, on the sole ground that the sample of the J oil station was found in the O oil storage, from December 28, 2010 to March 19, 2011, the lower court erred by misapprehending the legal principles as seen in the instant charges, which found that there was no possibility that the Defendant sold pseudo petroleum in the status of collecting samples and the Defendant’s temporary sale of pseudo petroleum in the form of 17.

B. Defendant B 1’s mistake of facts and misapprehension of legal principles are paid KRW 3 million monthly by Defendant A’s request and did not participate in the management of employees, management of sales, and tax affairs, and purchase or manufacture of similar gasoline. While Jju station was under the name of the above Defendant around November 2010, it was not actually accepted by the above Defendant but only lent the name of Defendant A.

In addition, the above defendant was aware of the fact that he sold pseudo petroleum in J-owned station before August 2010, around August 2010, he was aware of the fact that he sold pseudo petroleum from Defendant C after being asked to manufacture pseudo petroleum.

The sale volume shall also be the case.