The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment of one year and three months and by a fine of 650 million won.

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment)’s imprisonment (two years of imprisonment and fine of KRW 700 million) is too unreasonable.

B. Defendant B (1) misunderstanding of facts was entrusted with the operation of the Friju station exclusively, and the Defendant was merely merely lent the name of the business registration and was not involved in the operation of the gas station. Therefore, even though the Defendant did not commit the instant crime, the lower court found the Defendant guilty of this part of the facts charged. Therefore, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment. (2) The lower court’s sentence of unfair sentencing (one month of imprisonment, two years of suspended execution, and fine KRW 350 million) is too unreasonable.

C. In light of the seriousness and nature of the instant crime committed by the prosecutor, the sentence imposed by the lower court on the Defendants is too unfasible and unreasonable.

2. Determination

A. Part 1 of Defendant B’s assertion of mistake of facts must have no reasonable doubt in a criminal trial, but to the extent that it excludes all possible doubts. Here, “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that is inconsistent with facts based on logical and empirical rules, rather than including any doubt and faith, and thus, cannot be said to be included in a reasonable doubt (see, e.g., Supreme Court Decisions 2004Do2221, Jun. 25, 2004; 2004Do362, Apr. 15, 2005; 2010Do12728, Jan. 27, 2011). The lower court duly adopted and investigated the business registration under the name of Defendant F.14 under the name of Defendant F.2, 2006.