The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment with the following facts charged in the trial at the court below, and since this court permitted this, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Punishment of the crime

[Criminal Power] On July 20, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Daegu District Court on July 20, 2012, and the said judgment became final and conclusive on July 28, 2012.

【Criminal Facts】

The Defendant is a person who operates a gas station with the trade name of G gas station in the Gu-nam Military F.

H Agricultural Cooperatives (hereinafter “HF”) entered into a contract for oil purchase to supply duty-free petroleum to a farmer designated as a user of duty-free petroleum, with a similar I and NA branch oil handling places affiliated with HF, or with a duty-free petroleum farmer who supplies the oil to the oil tank to the oil tank, and I directly supply the petroleum required by HF under the above contract to the Agricultural Cooperative and the local farmers. However, the G gas station operated by the Defendant for street and storage reasons, and the “contract for storage of petroleum products” was entered into with the content of transporting the petroleum to 20 won per liter.

Pursuant to the above contract, if a facility low-income farmer makes a payment from each HF branch to the degree of tax-free transit required by the purchase card, HF branch notifies the farmer and the delivery quantity to be delivered to the GF branch by wire.