The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of one year and eight months.

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for one year and six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 Subparag. 3, Article 29(1)1, Article 30 of the Criminal Act ( overall control over the manufacture, storage, transportation, storage, and sale of fake petroleum products), Article 44 Subparag. 6, Article 39(1)1, Article 30 of the Criminal Act (including the installation and remodeling of business facilities for the purpose of storage and sale of fake petroleum products), Article 45 Subparag. 5, and Article 27 of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act (storage and keeping petroleum products for the purpose of sale that fail to meet the quality standards as of February 23, 2013), Article 44 Subparag. 5, and Article 30 (1) 3 of the Petroleum and Petroleum Substitute Fuel Business Act, and Article 30 of the Criminal Act (a) of the Criminal Act).