1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in indictment to delete the “manufacture” portion of the Defendant’s criminal facts against the Defendant, and the judgment of the court below cannot be maintained as the case was changed by this court’s permission.

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

Criminal facts

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

On November 22, 2013, the Defendant: (a) sold petroleum retail business with the trade name of D located in Kimhae-si; (b) sold light oil and light oil in the oil station at the above stations around November 18:2, 2013; and (c) sold 40,000 liters storage tank connected to D main abandonment at the rate of 3:7 percent in total at the market price of 151,00 won per liter; and (d) sold fake petroleum products at the F truck operated by E after receiving approximately KRW 89 square meters per 1,759 per liter.

Summary of Evidence

1. The defendant's oral statement in court;

1. Each legal statement of the original court in the witness E and G

1. The accusation letter, the official document sent as a result of the inspection of petroleum products quality, the confirmation letter of collection of samples for quality inspection, the confirmation letter of collection of samples for distribution inspection, the check letter as to whether the order in distribution of petroleum is observed, and the application

1. Article 44 subparagraph 3 of the relevant Act on Criminal Facts and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "contributing circumstances") requires a strict punishment in light of socioeconomic damage caused by the Defendant's sale of fake petroleum products by selling approximately 89 litress.