석유및석유대체연료사업법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant, as stated in the instant facts charged, supplied transit to the victim as it was true, the Defendant merely knew from F, etc. that it was merely a mere fact that it was a luxous product, and did not know that it was a fake petroleum product mixed with a luxative oil, there was no intention to commit a crime of selling fake petroleum and defraudation.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking into account the following circumstances and facts acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may acknowledge the fact that he/she sold petroleum, recognizing the mixture of fake petroleum products that he/she sold, thereby selling it.
Therefore, the defendant's assertion of facts is without merit.
1. At the time of the prosecutorial investigation, the Defendant had the honor to sell the oil contained in the tank at the bar because it was doubtful that it was impossible to confirm it with the land and there was a lot of doubt that it was fake, but there was a lot of expenses to collect samples and test samples.
“The F,” and the F, which sold petroleum to the Defendant, was written in the original court of the lower court that “I would know that I would sell fake petroleum.”
“The F stated that there was a history of criminal punishment due to the manufacture and sale of fake petroleum at the time of the instant facts charged.
② In the case of “unmaterial” transaction, multiple trading parties intervene in comparison with normal oil transaction, and the risk of supplying fake petroleum products in the process is also overcoming.
In addition, the defendant has been engaged in the petroleum transport business for more than 15 years, and such circumstance is deemed to have been well known, and the defendant is also subject to the suspension of indictment due to the crime of selling fake petroleum in 2010.
However, the defendant's argument.