All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant above.

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (the first judgment of the court below) is against the defendant, the circumstance and degree of the crime, etc., the punishment of the first judgment of the court of the court of the court below (the fine of five million won) sentenced to the defendant is too unreasonable.

B. In light of the fact that there is a defect in the quality of the defendant's crime and that there is a previous fault, the sentence sentenced by the second original judgment to the defendant (six months of imprisonment and two years of suspended execution) is too uneasible and unfair.

2. On the judgment of the first instance court, the prosecutor filed an appeal against the judgment of the second instance, and the prosecutor tried each appeal at the trial concurrently. As long as each crime of the judgment of the lower court is in a concurrent relationship as provided in the former part of Article 37 of the Criminal Act, the court shall simultaneously render a judgment and sentence one punishment.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without a need to make a decision on the assertion of unfair sentencing by the prosecutor and the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 subparagraph 3 of the Act on Criminal Facts and Article 29 (1) 1 of the Petroleum and Petroleum Substitute Fuel Business Act (each of them shall be applicable);

1. A fine for a violation of the Petroleum and Petroleum Substitute Fuel Business Act (crimes of the first judgment) from October 23, 2012 to November 27, 201 of the same year, and the same year from February 19, 2013 to February 19, 2013

2. As to the violation of the Petroleum and Petroleum Substitute Fuel Business Act by the time of 26.