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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (eight months of imprisonment) is excessively unreasonable.
B. The Prosecutor’s sentence of the lower court is too minor, and it is unreasonable to impose additional collection on the Defendant.
2. Determination
A. It is a favorable sentencing factor that the defendant has no same criminal record and has been punished by a fine of three times before the previous convictions, that the defendant has committed a confession, that the defendant is living together with his family, that the defendant is responsible for the living of his family, and that the defendant has not made gross profits from the crime of this case.
B. The need to eradicate the manufacture, sale, distribution, etc. of fake petroleum products in order to secure a sound distribution order of petroleum products and prevent harm caused by fake petroleum products, and the fact that the method of crime is planned and organized by having the Defendant transport the fake petroleum products through the so-called “scarcity” method to avoid the crackdown of investigation agencies is an unfavorable sentencing factor.
C. In light of each of the above sentencing factors, it cannot be deemed that the court below’s failure to collect criminal proceeds from the defendant or it is unlawful or its sentencing is excessive because it is too heavy when it added to the punishment for other accomplices, the motive, means and methods of the crime of this case, the circumstances after the crime of this case, etc. (Article 10 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment). The defendant voluntarily stated that the collection of penalty under Article 10 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment was made, and the defendant provided the remainder after deducting the fee of KRW 30-4 million per time due to the crime of this case to C, who is an accomplice. However, C stated that it is difficult for the defendant to specify the criminal proceeds from each of the above sentencing factors (Article 807 of the evidence record) by stating that it is difficult for the defendant to collect the criminal proceeds from the defendant.