The judgment of the court below is reversed.

Defendants shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

1. Summary of grounds for appeal;

A. The punishment of a fine of five million won imposed by the lower court by Defendant A is too unreasonable.

B. The punishment of Defendant B’s fine of KRW 5 million sentenced by the lower court is too unreasonable.

2. According to the records, prior to the judgment on the grounds for appeal by the Defendants’ ex officio determination, Defendant B was sentenced to one year of the suspension of execution on July 13, 201 by imprisonment with prison labor for violating the Petroleum and Petroleum Substitute Fuel Business Act at the Daejeon District Court on July 13, 201, and the judgment became final and conclusive on the 21st of the same month. In addition, the Defendants were in violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court on August 26, 2013, Defendant B was sentenced to one year of the suspension of execution and two years of the suspension of execution, and Defendant A was sentenced to

9.3. Each judgment has become final and conclusive.

As above, in the crime of violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act against the Defendants for whom the judgment became final and conclusive, punishment shall be determined by taking into account the equity with the case to be judged at the same time in accordance with Article 39(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, on the ground that the above ground of ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

Defendant

B On July 13, 2011, the Daejeon District Court sentenced one year to a suspended sentence of six months to a violation of the Petroleum and Petroleum Substitute Fuel Business Act, etc., and the judgment becomes final and conclusive on the 21st of the same month, and on August 26, 2013, the Daejeon District Court sentenced two years of a suspended sentence of one year to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., in Daejeon District Court.

9.3. The person for whom the judgment became final and conclusive, and Defendant A was sentenced to six months of imprisonment with prison labor for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Daejeon District Court on August 26, 2013.