The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant merely lent the name of the business operator to E through F, and there is no conspiracy to commit the instant crime with F, E, and this case.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Although the Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, the lower court rejected the Defendant’s conviction on the charges of this case by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part “a summary of evidence”.

The circumstances cited by the lower court are as follows: ① the Defendant, in collusion with F and P (Representative in the name of N stations in the name of N stations in Echeon-si and O stations in Pyeongtaek-si in which F is substantially operated, has kept and sold fake petroleum; ② at the time, N stations was controlled on June 18, 2015; ② at the time, N stations was employed by F as the Defendant’s manager, as the so-called “N station president”, and F was employed by F as the Defendant as the manager; ② N stations was employed by F as the manager; ② O stations was employed by F as the Defendant as the manager; and in this case, F was also employed by F as the manager.

In light of the fact that there is no experience in operating a gas station, and that it was not well aware of the actual operation of a gas station, etc., D gas station (hereinafter “instant gas station”) discovered by fake oil storage in this case also appears to have been operated as a structure similar to the above N gas station (F is actual operator, defendant, and manager in the name of the company, and manager in the name of the company; 3. Employees of the gas station in this case were employed as employees of the instant gas station.

H had worked as a gas station at the O gas station from June 9, 2015 to February 21, 2016.