(영문) 대전지방법원 2014.05.22 2013노2919 | 리걸엔진

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(영문) 대전지방법원 2014.05.22 2013노2919

석유및석유대체연료사업법위반

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts, although Defendant A merely lent and recovered the funds for operating a gas station to Defendant B, the owner of the oil station, and did not intend to sell pseudo petroleum with Defendant B or operated the gas station jointly, Defendant A deemed Defendant A as the joint owner of the oil station, and the judgment of the court below that found Defendant B guilty as joint principal offenders with Defendant B is erroneous in misunderstanding of facts. 2) The sentence of unfair sentencing (two years of imprisonment) sentenced by the court below is too unreasonable.

B. The punishment sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the trial court, the following facts and circumstances are acknowledged. (A) The E gas station opened its business around March 201, and the Defendants, P, M, and G et al. first determined the business owner in the name of E gas station as G and entered into monthly and its treatment (the second prosecutor’s protocol of examination against the Defendant A: Provided, That the Defendant was the second prosecutor’s protocol of examination against the Defendant, however, the Defendant did not attend the site and did not speak in any particular manner). On March 1, 2011, N, P, Defendant A, and Defendant A drafted a lease agreement with the lessee at the seat of the E gas station as the lease contract for the building owner, P, Defendant A, and G as the president of the E gas station, and prepared a lease agreement with the Defendant under the same condition as the lessee of the E gas station.

In addition, Defendant A had completed the registration of creation of a neighboring building with theO as a mortgagee on the building and site of the said E-owned gas station with the maximum debt amount of KRW 120 million.

B. Defendant B is the security deposit, monthly rent, and oil price for Defendant A at the prosecution.

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