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(영문) 서울중앙지방법원 2015.11.11 2015고단2885

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant

A on March 21, 2013, sentenced ten months to a violation of the Written Measures Act by the Seoul Central District Court, and was released on August 24, 2013 in a governmental prison on parole on September 9, 2013 during the execution of the sentence.

Defendant

B is the name of the business operator of H in Mapo-gu Seoul Metropolitan Government and J in Gangnam-gu I, and Defendant A is the actual owner who actually raised the operating funds of the above gas station, and the Defendants conspired to raise profits by installing the gas station in a manner that is less than the fixed quantity and by operating the gas station in a manner that is modified in the state of the above gas station.

1. No person in violation of the Weights Act shall alter any measuring instrument for the purpose of falsifying the value of measurement, or use any altered measuring instrument;

Nevertheless, from October 1, 2014 to March 13, 2015, Defendants: (a) installed a program chip, which was fabricated to be milked to less than 3.7% of the fixed quantity, on each of the instant H and J’s main chip from around October 1, 2014 to around March 13, 2015, and operated it.

Accordingly, the Defendants conspired to use the altered measuring instrument.

2. In the gas stations that sell petroleum and alternative fuel in violation of the Petroleum and Petroleum Substitute Fuel Business Act, no petroleum products shall be sold in a manner below the fixed quantity beyond the used truck (【 0.75% at the time of 20L base) prescribed by Presidential Decree, and no petroleum products shall be installed or remodeled for the purpose of selling;

Nevertheless, from October 1, 2014 to March 13, 2015, the Defendants sold petroleum to customers by cutting a program chip which was fabricated to be milked to less than 3.7% of the fixed quantity on each of the instant H and J’s main chip up to 1 to 6 main chip.

As a result, the Defendants conspired to sell petroleum to less than the net quantity, and remodel the business facilities for the purpose of selling below the net quantity, beyond the permissible usage tolerance (0.75%) permitted by law.

3. Fraud.