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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) In light of the fact that there is credibility of the Defendant’s statement in the investigative agency rather than the fact-misunderstanding by the J as to the acquittal portion of Defendant A, and the fact that the Defendant supplied raw materials to the Gwangju factory when based on the statement in the AR and C’s investigative agency, the Defendant conspired to manufacture similar light of the period indicated in this part of the facts charged.
Although it is reasonable to see this, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and thereby affecting the judgment.
2) In light of the fact that the crime of manufacturing unfair similar petroleum for sentencing against the Defendants requires a strict punishment in light of its social impact, the degree of the Defendants’ participation in the crime and the period of the crime, etc., the lower court’s punishment against the Defendants (Defendant B and D: KRW 20 million, Defendant C: Imprisonment with prison labor for 8 months and suspended execution for 2 years) is too uneasible.
2. Determination:
A. The lower court, on the grounds indicated in its reasoning, found that the Defendant, based on the evidence submitted by the Prosecutor, knowingly provided transit and light oil to J, etc. or introduced and distributed similar petroleum selling places during the period specified in the facts charged, based on the fact that the Defendant was aware of the manufacture and sale of similar petroleum by J, etc. during the period specified in this part of the facts charged.
It is difficult to see that there is no other evidence to acknowledge it, and judged not guilty of this part of the facts charged.
The following circumstances acknowledged by the evidence duly admitted and examined by the court below, i.e., the Defendant supplied petroleum.
R The Korea Petroleum Manager's employee collected samples in the gas station around March 6, 2017, but it is notified that the V of the above gas station is a similar light oil.