beta
(영문) 수원지방법원 2015.12.11 2015노5655

석유및석유대체연료사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Considering the fact that the defendant was subject to forfeiture of the security deposit for the lease of the gas station due to the instant crime by the summary of the grounds for appeal, the punishment imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the court below is inevitable in light of the fact that the defendant led to confession and reflect on the crime of this case, the fact that the defendant supports his family, etc. is the most favorable to the defendant, or that when pseudo petroleum products are used as fuel of motor vehicles, the environment pollutant emission, disturbance of distribution order of petroleum products, aggravation of the durability of motor vehicles, and serious social problems such as tax evasion have occurred, it is inevitable to impose a severe punishment in light of the fact that he manufactures fake petroleum in the gas station as if he were through fake petroleum products, and sells it to many and unspecified persons. Although the defendant had been sentenced to a fine of KRW 10 million for the same kind of crime even in 201, he again committed the crime of this case, there is a high possibility of criticism in terms of the fact that he again committed the crime of this case. The period of the crime is long, and the amount of fake petroleum products sold reaches KRW 145,00,000, market price of 13,1240,000 won, and other profits acquired by the crime of this case are not recognized.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.