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Defendant
All appeals filed by B, C and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s imprisonment (one year and six months of imprisonment, confiscation) is too unreasonable.
B. Defendant C1) misunderstanding of facts or misunderstanding of legal principles by Defendant C (hereinafter “Defendant C1”) merely transported leap oil and light oil in compliance with the direction given by Defendant C according to the plan and received the benefit therefrom plus the amount of KRW 5 to 100,000,000. In light of the fact that Defendant C received a normal transportation expense, Defendant C may not be deemed a co-principal of the crime as stated in Articles 1 and 1 (2) of the judgment of the court below. However, the judgment of the court below which judged Defendant C as a co-principal and found Defendant C guilty of all the above facts charged, and thereby, it is erroneous in the misapprehension of legal principles as to the co-principal, thereby affecting the conclusion of the judgment. 2) The sentence of the court below on unfair sentencing (one year and
C. The Prosecutor’s sentence (the defendant A: one year and two years of suspended execution in February, and two years of probation) of the lower court is too unfased and unreasonable.
2. Determination
A. We examine the judgment on Defendant B’s appeal. Defendant B’s act of supplying petroleum products for the purpose of making and selling fake petroleum products or using them as fake petroleum products is recognized as having no record of punishment for the same crime, but there is a strict punishment for protecting consumers, preventing Fiscal Evasion, and protecting the body and environment of the people through the quality control of petroleum products; Defendant B’s act of supplying fake petroleum products and fake petroleum products manufactured and sold to the manufacturers of fake petroleum products is considerably more than 2 years and 5 months; Defendant B’s period of sale is considerably high; Defendant B’s operating funds to manufacture and sell fake petroleum products was provided to Defendant A, who manufactured and sold fake petroleum products, and distributed profits by supplying leuling petroleum products as raw materials of fake petroleum products; Defendant C and multiple manufacturers of fake petroleum.