The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The Defendant’s crime of violation of the Petroleum and Petroleum Substitute Fuel Business Act was committed under the unfavorable circumstances such as that the order in petroleum distribution would not only cause damage to employees engaged in the relevant business, but also cause secondary damage, environmental pollution, etc., which could cause broad damage to the nation and society. However, the Defendant’s confession and reflects the instant crime, the Defendant did not have any history of punishment for the same crime, there was no history of criminal punishment for the same crime, and there was no history of criminal punishment for the suspension of execution or heavier punishment, and the period of the instant crime is about one month, and the Defendant’s punishment is equal to the instant crime, and all of the sentencing conditions, including the equity of punishment for the same crime similar to the instant crime, the Defendant’s age, character and conduct, environment, and the circumstances after the instant crime, etc., are considered as inappropriate. Thus, the Prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.