The prosecutor's appeal is dismissed.

1. The sentence of the lower court (a fine of KRW 15 million) against the Defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. The crime of this case is deemed to have manufactured and sold fake petroleum by the defendant, and the nature of the crime is inferior. However, the defendant's mistake is recognized and the defendant has no record of punishment for the same crime, the defendant has to consider equity in the case where the defendant has judged simultaneously with the crime of violation of the Road Traffic Act (driving) which became final and conclusive, and the defendant does not seem to have a significant benefit from the crime of this case. In full view of the various sentencing conditions as shown in the arguments of this case, including the defendant's age, criminal record, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor's assertion is without merit, since it is deemed that the punishment imposed by the court below is appropriate and it is too unreasonable.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It

(4) According to Article 25 of the Rules on Criminal Procedure, the first head of the judgment of the court below added "Article 70 (1) and Article 69 (2) of the Criminal Act" to "Article 70 (1) and Article 69 (2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)" to "Article 70 and Article 69 (2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).