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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 10,000,000.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. MF-380), 18,614 liters (No. 1), and 31,000 liters (MF-380), which were seized by Defendant A, constitute an article provided or intended to be provided for the instant crime, and thus, constitutes confiscation under Article 48(1)1 of the Criminal Act, the lower court erred by omitting the sentence.
B. Each sentence (Defendant A: fine of KRW 10 million, Defendant B: fine of KRW 5 million) imposed by the lower court on the grounds that it is too uneasible and unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, it is recognized that the instant seized articles of this case include the parts which Defendant A provided or intended to provide for the instant crime in violation of the scope of petroleum retail business or business methods, and thus, it is subject to forfeiture pursuant to Article 48(1)1 of the Criminal Act.
Meanwhile, since confiscation under Article 48(1) of the Criminal Act is discretionary confiscation, it may not be forfeited at the discretion of the court. However, in light of the following: (a) the act of purchasing and supplying non-material petroleum products, such as the instant crime, undermines the sound distribution order of petroleum and alternative fuel; (b) it is necessary to strictly regulate illegal distribution and settle a sound distribution order; (c) it is highly necessary to confiscate petroleum products provided or intended to be provided for a criminal act to eradicate such crime; and (d) it is general to confiscate goods provided for a criminal act against a similar case in this case, the lower court’s failure to confiscate each of the above confiscated goods from the Defendant A is deemed unreasonable.
Therefore, the part of the judgment of the court below against Defendant A is beyond the bounds of discretionary power of confiscation.