The case holding that a judgment of acquittal cannot be rendered on the above facts charged on the grounds that there is a significant difference between the criminal facts of violation of the Petroleum and Petroleum Substitute Fuel Business Act due to the act of selling petroleum without registration for which summary order became final and the criminal facts of violation of the Customs Act due to the act of mediating smuggling imported goods, and that there is no identity between the criminal facts for which summary order became final and the above facts charged.

[1] Article 298 of the Criminal Procedure Act; Articles 10(1) and 46 subparag. 2 of the Petroleum and Petroleum Substitute Fuel Business Act; Article 274(1)1 of the Customs Act

Defendant

Defendant

Busan District Court Decision 2008No979 Decided August 7, 2008

The appeal is dismissed.

We examine the grounds of appeal.

The identity of facts charged or facts charged shall be based on the defendant's act and social facts in mind with the legal functions of identity of facts, and its normative elements shall also be considered (see Supreme Court en banc Decision 93Do2080, Mar. 22, 1994; Supreme Court Decision 97Do2487, Aug. 21, 1998, etc.).

According to the records, the defendant's act of selling petroleum in collusion with the non-indicted 1 to the competent authority without registering the above petroleum selling business, and it is difficult for the non-indicted 2 to issue an order to supply (ship name omitted) fuel oil 59.5t to the non-indicted 3 corporation on May 10, 206, and to sell recycled 25t and fuel oil illegally purchased from non-indicted 3 corporation until December 2006, and the crime of selling 1,094t fuel oil was committed by the non-indicted 207Da49203, Busan District Court's 2007Da49203, which is an offense of violating the Petroleum Substitute Fuel Business Act, and the above order was issued on June 2, 2008 to punish the non-indicted 1's crime of selling petroleum products for the purpose of selling petroleum products and supplying them to the non-indicted 3 corporation with a summary of the facts charged.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the facts charged or criminal facts.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)