The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The act of supplying petroleum products, etc. for the purpose of making them manufactured or used as a fake petroleum product is in need of strict punishment in order to protect the consumer and to prevent Fiscal Evasion with respect to the quality of petroleum products, and to protect the people’

However, in light of the fact that the defendant reflects his mistake in depth, the fact that there is no record of punishment for the same kind of crime, the storage and sale period of petroleum products, etc. seems to be relatively long, the balance with the punishment for the related persons who supplied the petroleum products, the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the arguments and records of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. 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 criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 of the Act applicable to facts constituting a crime, subparagraph 3 of Article 44 and Article 29 (1) 3 of the Petroleum and Petroleum Substitute Fuel Business Act, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).