The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the reasons for appeal is unfair because the punishment of imprisonment (10 months of imprisonment and confiscation) of the original judgment is too unlimited.

2. In full view of all the facts pertaining to the sentencing indicated in the records of this case, the judgment of the court below is too unreasonable since the punishment of the defendant is recognized as being too unreasonable, since the defendant's error is too excessive, the purchased mits or mits are not significant in profits acquired through public sale after seizure, there is no record of punishment for the same kind of crime, and all other matters related to the sentencing indicated in the records of this case.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 362(1) of the Criminal Act, Article 362(1) of the Criminal Act, Article 30 of the Criminal Act, Article 46 Subparag. 2 and Article 10(1) of the Petroleum and Petroleum Substitute Fuel Business Act, Article 30 of the Criminal Act, Article 27 Subparag. 2 and Article 4 of the Ship Personnel Act, the selection of imprisonment for each of the following matters:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;