석유및석유대체연료사업법위반등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., in light of the fact that the Defendant distributed a large amount of fake petroleum in an intentional and planned manner, and denying the accomplice’s charge at the initial stage of the investigation, etc., the lower court sentenced the Defendant to imprisonment (one year of imprisonment and two years of suspended execution) and one year and six months of imprisonment.
It is too unfortunate that is unfair.
2. The instant crime committed in collusion with C is that: (a) the Defendant removed the distinctive agents about the light oil equivalent to KRW 72,000 liters over 12 times from February 13, 2013 to March 5, 2013; (b) delivered DNA petroleum products to F of a gas station staff member F; and (c) stored fake petroleum products in the Defendant and N-owned tanks for the purpose of manufacturing and using fake petroleum products from March 9, 2013 to March 19, 2013; and (d) did not file an application for ownership transfer registration without any justifiable reason even though the Defendant acquired the P-owned coke Ba car, but did not purchase mandatory insurance without applying for ownership transfer registration; (c) such crime is a large volume of petroleum distribution of fake petroleum by taking a systematic role with co-offenders to ensure the distribution order of petroleum products; and (d) the purpose of legislation is to protect consumers by securing the order of distribution of similar petroleum products and to punish any harmful damage to the national health and social environment caused by such petroleum products.
However, it cannot be deemed that the defendant has a profoundly reflect on the defendant's depth, has no record of being punished for the same kind of crime, and it does not lead the crime of this case, and it cannot be deemed that the defendant's age, health status, character and conduct, environment, the process of this case, as a tank engineer, has harmed the removal of identification or stored fake petroleum products and received the price.