Defendant

Defendant

Lee Jin-vi

Attorney Hah Ho-su et al.

Seoul Eastern District Court Decision 2004Ra3493 Delivered on January 7, 2005

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

33 days of detention before the judgment of the court below shall be included in the above sentence.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

The defendant shall be subject to probation for one year and shall be ordered to provide community service for 120 hours.

Based on the grounds of appeal of this case, the defendant alleged that the defendant was guilty of the facts charged in this case where he manufactured pseudo petroleum products in collusion with pseudo petroleum manufacturers, although the defendant only sold pseudo petroleum products, and did not directly manufacture or sell pseudo petroleum products, and there was no conspiracy with them, the court below held that the defendant was guilty of the facts charged in this case, or did not clearly specify the manufacturer of pseudo petroleum products by misunderstanding the facts or by misunderstanding the legal principles as to the violation of the Petroleum Business Act and the establishment of joint principal offenders, etc.

Ex officio, the prosecutor applied for changes in indictment to the facts charged of this case for the first time in the trial, and the party members permitted it, so the judgment of the court below which was based on the original indictment cannot be maintained no longer than it is necessary to further examine the grounds for appeal of the defendant.

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

In collusion with Co-defendant 1 of the lower court, Co-defendant 2 of the lower court, and the manufacturer of similar petroleum products, the Defendant used an abbreviation as “luminous”;

From November 12, 2004 to December 2 of the same year, the Defendant, Co-Defendant 1 of the lower court, Co-Defendant 2 of the lower court, and Co-Defendant 2 of the lower court, even though they knew that they would purchase pseudo petroleum products, such as rush, Toluene, and mertan, with the knowledge that they would be able to manufacture similar gasoline to those of the above, in a manner that they would be able to manufacture pseudo petroleum products, such as rush, Toluene, and mertan, at the company located (detailed address omitted) in Chungcheongbuk-gun from November 12, 200 to December 2 of the same year, they manufactured pseudo petroleum products by mixing them with the above ratio as is at the place of pseudo petroleum products. The above name boxes, etc. manufactured pseudo petroleum products by mixing them with the above ratio.

1. Part of the defendant's statement in the court room for the trial;

1. Each statement of the defendant, co-defendant 1, and co-defendant 2 in the first trial record of the court below

1. Each prosecutor examination protocol against the defendant, co-defendant 1 of the court below, and co-defendant 2 of the court below

1. Investigation report (act at the time of suspect's crackdown);

1. Investigation report (control over a fake raw material factory); and

1. Investigation report (Management Regulations for Sale of poisonous substances and hazardous substances);

1. A report of investigation (the name of the company omitted) (the indictment in which the non-indicted is the representative);

1. Article applicable to criminal facts;

Article 33 Subparag. 3, Article 26(1), Article 30 of the former Petroleum Business Act (amended by Act No. 7240 of Oct. 22, 2004), Article 30 of the Criminal Act (elective Selection)

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1) of the Criminal Act provides that the defendant has committed the crime in this case, the period of the crime in this case and the amount of profit that the defendant seems to have acquired, the size of a mistake, the degree of a mistake, the absence of the same criminal record, and

1. Probation and community service order;

Article 62-2 (1) of the Criminal Act

Judges Cho Jong-soo (Presiding Judge)