The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered on the defendant is too unreasonable as the punishment (a fine of three million won) imposed on the defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the facts charged against the defendant at the time of the trial, and applied for changes in the indictment with the following facts charged. Since this court permitted this, the subject of the trial has changed, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

No one shall manufacture, import, store, transport, keep, or sell fake petroleum products.

Nevertheless, from October 2013 to June 5, 2014, the Defendant operated a stop store in the Daegu Seo-gu Office B from October 2013 to June 5, 2014, and sold it to unspecified drivers who wishing to gas stations, after receiving 4,800 won for fake oil products mixed with a smaller and Aelacs.

Accordingly, the Defendant sold fake petroleum products.

Summary of Evidence

1. The defendant's oral statement in court;

1. A C’s statement and written confirmation, and H’s statement;

1. Records of seizure and the list of seizure;

1. Sovereign photographs and control photographs of the violating business places;

1. Application of Acts and subordinate statutes to which inspection results are sent;

1. Article 44 of the Act applicable to criminal facts, Article 44 subparagraph 3 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business, and Article 29 (1) 1 of the Act on the Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s crime of violating the Petroleum and Petroleum Substitute Fuel Business Act on the grounds of sentencing Article 334(1) of the Criminal Procedure Act is not only likely to undermine the order of petroleum distribution, thereby causing damage to the employees of the relevant business.