The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The facts charged in the instant case of mistake of facts and the Defendant’s violation of the Petroleum and Petroleum Substitute Fuel Business Act, which became final and conclusive (the Changwon District Court Decision 201Da386, the Changwon District Court Decision 2011Mo3407) with respect to each of the facts charged in the instant case, are related to a comprehensive crime, and thus, the judgment of acquittal should be rendered. However, the lower court erred by misapprehending the legal principles on the comprehensive crime, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In a case where multiple actions or series of actions falling under the same name of crime are continuously conducted for a certain period under the single and continuous criminal intent and where the legal benefits of the damage are the same, each of these actions shall be punished by a single comprehensive crime, but where the unity and continuity of the criminal's intent are not recognized, each crime shall be deemed to constitute a substantive concurrent crime.

(See Supreme Court Decision 2006Do3172 Decided September 8, 2006, etc.). B.

According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to a fine of KRW 250,000,000,000,000 on a NF bus vehicle in the Changwon District Court on November 7, 201, for a crime (hereinafter referred to as “crime 1”) under which “The Defendant sold a petroleum retail business without registration or a light oil as fuel for automobiles under Article 2 subparag. 1 of the Automobile Management Act, although he/she did not sell petroleum retail business without registration to the authority, and on March 28, 2011, sold a petroleum retail business in the way of selling a light oil to NF bus vehicle using a mobile-sale vehicle owned by the Defendant at the Changwon-gu, Changwon-si, Changwon-gu, Seoul Special Metropolitan City Lbridge (hereinafter referred to as “the fact of the crime”).