석유및석유대체연료사업법위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant tried to dispose of the remaining similar petroleum at the time of the previous criminal act as it is difficult for the economic situation, but does not manufacture or commence sales of new similar petroleum, and the Defendant agreed to pay KRW 15 million to the insurance company in relation to the practicalization of business, and thus, it is impossible to pay KRW 10 million among them, and the remainder of KRW 5 million was detained on May 11, 2016. Although the suspended sentence was revoked, the Defendant had been faithfully given the protection observation until the instant criminal act was completed, and the suspended sentence was not committed in good faith, such as obtaining a large driver's license, and even after the suspended execution was completed, it is unfair to view that the sentence (six months of imprisonment) issued by the lower court is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, ① the Defendant has already committed the same kind of crime with regard to fake petroleum products, ④ the occurrence of the loss of the business of this case and its degree of damage, ④ the amount of similar petroleum stored in the Defendant’s custody, Defendant’s criminal records, age, sex, conduct, intelligence, environment, motive, means and consequence of the crime, in light of the fact that the Defendant has repeatedly committed the same kind of crime four times or more, and ② the Defendant appears to have an attitude not only in doubt as to whether the reflectivity of the Defendant is true but also in light of the fact that the Defendant has repeatedly committed the same crime, ③ the circumstances alleged by the Defendant are not different from that of the lower court due to the submission of new sentencing data in the trial, and are already reflected in the sentencing of the lower court.