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(영문) 청주지방법원 2013.04.12 2013노59
석유및석유대체연료사업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant C: imprisonment with prison labor for 6 months, defendant D: imprisonment for 6 months, suspended execution for 2 years, probation and community service for 90 hours) is too unreasonable;

2. The period during which the Defendants confirmed that they sold pseudo petroleum is relatively short, and it is difficult to view that they were sold. The Defendants appear to have suffered losses instead of making profits generated from the instant crime, and Defendant D did not have any special criminal record in addition to a fine once, etc. are favorable to the Defendants.

However, the defendants committed the crime of this case under a pre-crupt plan, such as providing money and goods to employees of the Korea Petroleum Quality Control Agency who intend to avoid the control of pseudo petroleum, and in fact, when controlling the sale of pseudo petroleum, the defendants lent their names to the gas station operated by the defendants, and there is no high quality of crime such as making them subject to criminal punishment on the ground that they did not actually participate P. In particular, the defendant C has been punished for the same crime. In particular, the crime of this case was committed during the period of repeated offense, which is disqualified for suspension of execution, thereby protecting consumers by securing distribution order of petroleum products, and taking into account all the records and arguments of this case including the purpose of legislation, age, character and behavior, career, environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., the punishment of the court below is too inappropriate.

3. In conclusion, the defendants' appeal is without merit and all of them are made in accordance with Article 364(4) of the Criminal Procedure Act.

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