The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the court below (two months of imprisonment and confiscation) is too large and unfair.

2. Determination as follows: (a) the amount of fake petroleum materials sold by the Defendant is significant; and (b) each of the instant offenses is recognized that there is a need for strict punishment with severe social harm, such as undermining the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act, which seeks to protect public health and the environment from harmful exhaust gases, etc. generated by pseudo petroleum products, by securing the distribution order of petroleum products.

However, in full view of the following factors: (a) the Defendant recognized each of the instant offenses, thereby infringing the Defendant’s mistake in depth; (b) the Defendant did not have any other criminal records except for the Defendant who was punished once by a fine for the violation of the Military Service Act prior to about 20 years; (c) the Defendant did not participate in the manufacture, sale, etc. of fake petroleum products; and (d) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, background, means, methods and results of the commission; (e) criminal records and the circumstances before and after the commission of the instant offense; and (e) comprehensively reviewed all the sentencing conditions stated in the instant argument, such as the Defendant’s age,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. 범죄사실에 대한 해당법조 및 형의 선택 긱 석유 및 석유대체연료 사업법 제44조 제3호, 제29조 제1항 제3호, 징역형 선택

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;