특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
The guilty part against the Defendants is reversed.
Defendant
A Imprisonment of two years and six months, Defendant B, and .
1. Summary of grounds for appeal;
A. Defendant A’s misunderstanding of facts) Defendant A did not continuously manufacture and sell fake petroleum products that mixed oil with light oil and light oil to the victims stated in the facts charged of the instant case during the period specified in the instant facts charged, but only manufactured and sold fake petroleum products at the time to a malicious customer who had failed to pay a large amount of the transit price. As such, Defendant A’s manufacture and sale amount of fake petroleum products stated in the instant facts charged was excessively unrefilled.
B) Even if Defendant A was found guilty of the manufacture and sale of a fake petroleum product by using a physical valve installed in the tank with Defendant B, etc., Defendant A did not instruct or conspired to deduct 20% of the sales volume from the body valves installed in the tank. C) Even if Defendant A was found guilty of the manufacture and sale of a fake petroleum product by Defendant A, Defendant F operated his/her business independently from Defendant A, and the manufacture and sale of a fake petroleum product by Defendant F should be excluded from Defendant A’s criminal act.
2) The sentence imposed by the lower court on Defendant A (one year of imprisonment and four years of confiscation) is too unreasonable and unfair. (b) Defendant B did not always manufacture and sell fake petroleum products to the victims indicated in the facts charged of the instant case, but had sold refined petroleum products, and even if manufacturing and selling fake petroleum products, there was a mixture of not always mixing them with 70%:30%: 30%, but also mixing them with transit at a ratio of 30% or more. Therefore, Defendant B did not have to deduct 20% of the sales volume by using the physical valves installed in the tank glass. (b) Defendant B did not have any container manufactured and sold in the instant facts charged of the instant case.
2) The punishment sentenced by the lower court to Defendant B (two years of imprisonment) is too unreasonable. C. Defendant F’s imprisonment (two years of imprisonment) declared by the lower court to Defendant F is too unreasonable. D. Defendant G (Defendant G1) erroneous determination of facts is written in the facts charged of this case.