The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

One plastic tank (Evidence No. 1) that has been seized 5,00 liters.

1. In light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act, it is recognized that there is a need for strict punishment for manufacturing and selling pseudo petroleum products, such as the crime in this case, but there is a reflect on the fact that the defendant recognized a criminal act on the other hand, while taking into account the circumstances that the defendant received daily allowances from his employee and shared the act according to C's instructions and takes into account the degree of his participation, taking into account all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character, health, home environment, circumstance before and after the crime, etc., and ensuring the stability of petroleum supply and demand and price, and securing the proper quality of petroleum products and alternative fuel.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for deletion of the part of the criminal facts [criminal records] (the title and content) of the judgment of the court below, since it is the same as that of the judgment of the court below.

Application of Statutes

1. Article 44 subparagraph 3 of the Act on the Punishment of Criminal Crimes, Articles 44 and 29 (1) 1 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business, Article 30 of the Criminal Act and the Selection of Imprisonment;

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