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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
B. The facts constituting a summary order concerning a violation of the Act on the Punishment, etc. of Crimes against Petroleum and Petroleum Substitute Fuel Business, which became final and conclusive on May 14, 2015, are only the concurrent crimes under the former part of Article 37 of the Criminal Act and the facts constituting a crime against each of the crimes listed in Articles 1 through 1098 of the List of Crimes attached to the instant case, and thus, the said summary order’s effect cannot be deemed to affect the said fraud.
Nevertheless, the court below rendered a judgment of acquittal on this part of the facts charged. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination
A. On September 18, 2014, the gist of this part of the facts charged is as follows: (a) the Defendant: (b) around September 18, 2014, the Defendant stored the light oil storage tank in the front of the oil storage tank, and stored the light oil in the partitions operated by the Defendant to T, an engineer of the drilling searcher near the construction site in Seoul and Seoul Metropolitan area; (c) and (d) then infusing the light oil into the light in front of the partitions, and then infusing it to the light 5: 5: The light oil ratio of the light and light oil to the light 4.5 square 4.5 square rith: The Defendant 218,00 won was paid to the victim’s crypter, and (d) received KRW 218,00 from the victim for oil price, i.e., delivery of KRW 218,000 from July 12, 2014 to April 15, 2018.
Accordingly, the defendant deceivings victims to take over the amount equivalent to the above amount.
2) The lower court’s determination is that, where a judgment became final and conclusive on part of the crimes related to a single comprehensive crime, the crime committed before that judgment was rendered at the time of rendering the judgment of the lower court.