All of the appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal is that each punishment of the lower court (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 43, 771, 421 won, and 5 million won of fine) is too minor, and that a considerable amount of the proceeds of the crime as indicated in the judgment of the lower court is unfair due to the failure to additionally collect the amount corresponding to the proceeds of the crime in relation to the crime

2. The lower court rendered the above sentence in consideration of the following favorable circumstances: (a) the Defendants reflects the instant crime while recognizing the crime; (b) there was no history of punishment heavier than a fine; (c) Defendant B was an employee who is 40,000 won per day, and was merely an employee who is 40,000 won or more per day, and was responsible for the livelihood of his family members, under the circumstances that take account of the following: (a) the Defendants were highly likely to harm the sound distribution order of petroleum products; (d) there is a high risk of undermining the performance or safety of vehicles; and (e) there is no risk of causing environmental pollution issues; and (e) the amount of oil sold as

In full view of the fact that there is no change of circumstances in the sentencing of the lower court, and other circumstances of all the sentencing, including the Defendants’ age, sex, environment, health, circumstances leading to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court appears to be reasonable, and the lower court’s judgment of the sentencing exceeded the reasonable limit of discretion.

There is no circumstance such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Moreover, since an additional collection under Article 48(2) of the Criminal Act is voluntary, and thus, whether to collect an amount equivalent to the value that meets the requirements for such additional collection is at the discretion of the court, measures that have not been additionally collected an amount equivalent to the amount of profit from crime as stated in the judgment of the court below in relation to Article 2(2) of the Criminal Act as stated in the judgment of the court.