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(영문) 춘천지방법원 강릉지원 2016.10.27 2016고단237

석유및석유대체연료사업법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

Defendant

A is a person who, from May 2, 2011, operates the above gas station with the trade name of the gas station in Gangseo-si City, the registration of the general petroleum retail shop in Gangseo-si City Mayor.

1. No person in violation of the Weights Act shall alter any measuring instrument with intent to manipulate the value of measurement;

Nevertheless, on July 30, 2015, the Defendant provided a proposal to install and modify a program altered in order to bring the program to fall short of the fixed quantity from the male on his name (tentatively named) in the gas station at KRW 3,80,00,000, to the extent that an average of 2.35% of the fixed quantity is less than the average of 2.35% of the fixed quantity.

Accordingly, the Defendant modified measuring instruments in collusion with the above-mentioned person for the purpose of manipulating the value of measurement.

2. Any petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum and petroleum substitute fuel below the fixed quantity beyond the tolerance of using them (0.75%) prescribed by Presidential Decree, or from installing or remodeling business facilities for the purpose of selling petroleum and petroleum substitute fuel below the fixed quantity;

Nevertheless, on July 30, 2015, the Defendant: (a) remodeled a mobile measuring instrument for the purpose of selling less than the fixed quantity at the gas station; and (b) sold it from that time to August 30, 2015 to unspecified customers by the method of being milked by the average of 2.35% of the fixed quantity against vehicles operated by many and unspecified persons, such as the list of crimes in the attached Form.

3. The Defendant, as such, sells the fixed quantity to unspecified customers using a diversative instrument, which had been modified to make the measuring instruments to fall short of average 2.35% from July 30, 2015 to August 30, 2015, as described in paragraph (1).