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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable (unfair sentencing). (b) In light of the Prosecutor’s price transacted among the Defendants, the Defendants’ experience, Defendant B’s legal statement in the lower court, etc., the judgment on the Prosecutor’s assertion that the Defendants violated the Petroleum and Petroleum Substitute Fuel Business Act by transporting it with a fake petroleum product for the purpose of manufacturing and using it, or selling it with a fake petroleum product after mixing it with a vehicle’s fuel when the Defendants were aware of the transit price traded among the Defendants, or at least dolusent recognition of the fact that the Defendants traded with a fake petroleum product and sold it with a fake petroleum product for the purpose of using it (misunderstanding the facts).
A. The summary of this part of the facts charged is that Defendant A is Trler article, and Defendant B is a person who operates “F gas station” in Ansan-si.
1) On May 21, 2015, Defendant A, in collusion with an article with an influorous type of oil, transported petroleum products for the purpose of manufacturing and using them as a fake petroleum product by transporting 20,000 liters (hereinafter “instant transit”) via a oil tank in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, upon receipt of a request to introduce and demand the introduction. However, Defendant B, who operates a gas station, was aware that he/she would not pass through a vehicle and would use them for manufacturing fake petroleum products by using the transit received from the Defendant. However, Defendant B, while being aware of the fact that he/she would use them for manufacturing fake petroleum products by using a oil tank with which he/she could not know the number with the above oil tank article, transported the petroleum products to the F station in the operation of Defendant B by transporting 20,000 liters (hereinafter “instant transit”).
2) From May 21, 2015 to May 22, 2015, Defendant B mixed the instant transit from Defendant A with the vehicle transit (mix with 90%, 40%, or 30%) on the vehicle transit. As such, Defendant B’s fake petroleum products with an average of 4,500 liter per day manufactured.