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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant acquired tax-free gasoline acquired by fishermen in collusion with C, D, etc., and sold pseudo petroleum products, and there is sufficient evidence to support this.
Nevertheless, the court below found the defendant not guilty on the ground that there was no proof of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant collected duty-free gasoline from the fishermen in the Jeonbuk-gun, Jeonbuk-gun, a person eligible for duty-free gasoline, and applied the duty-free gasoline in color similar to gasoline in the tamp facilities set up in the F elementary school closed in Kim Jong-si, Kim Jong-si; (b) the Defendant, as a general responsibility of the organization, shall exercise overall control over all duties such as the management of funds, collection and transportation, supply and demand of manpower, and relevant work instructions; and (c) the Defendant shall collect and transport duty-free gasoline, and employ duty-free gasoline, and (d) upon the instruction of the Defendant, H, I, and J, under employment and management of duty-free gasoline, performed the overall duties of the organization, and recruited to collect and transport gasoline or to view the network in the process by being employed by the Defendant, C, and D.
1) On November 2007, the Defendant asked C to seek tax-free gasoline at the French site (hereinafter referred to as the “C”), and C calls to the fishermen K to “drawing tax-free gasoline so that C would pay the price.” K received tax-free gasoline owned by the Republic of Korea at the point of the niversization of the Suan Fisheries Cooperatives, and obtained it as if it was used in the victim’s fishery.
On November 20, 2007, the Defendant called D around November 20, 2007 to take off duty-free gasoline which was kept by K in the vicinity of K's residence.