The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the penalty (2.5 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

First, according to the records, the court below's evidence Nos. 1 through 3 which ordered the defendant to confiscate may be acknowledged that the above seized articles had not been disposed of before the court below's judgment, and the above seized articles cannot be subject to confiscation, but the court below erred in the forfeiture of each of the above articles from the defendant.

Therefore, the judgment of the court below is no longer maintained as it erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.

On the other hand, the prosecutor applied for the amendment of the indictment with the content that “not later than March 8, 2012,” which is the closing date of the crime among the facts charged in the instant case, to “not later than November 13, 2012,” and this court permitted it, thereby permitting it, and the judgment of the court below was no longer maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The criminal facts against the Defendant recognized by this court are identical to the corresponding column of the judgment of the court below, except for the change of the facts constituting the crime of the court below from March 8, 2012 to "before November 13, 2012" in the second sentence among the facts constituting the crime of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The trial of the defendant and his oral statement in the original trial;

1. Each protocol of seizure and the list of seizure;

1. Forwarding of the results of each test and analysis;

1. Application of joint crackdown photographs, on-site photographs, and statutes;

1. Article 44 of the Act applicable to facts constituting a crime and Article 44 subparagraph 3 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business Act and Articles 29 (1).