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(영문) 대전지방법원 공주지원 2019.09.27 2019고단307

계량에관한법률위반등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee of “D gas station” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, that is operated by B.

B installed a prime flow manipulation program to inject a small quantity of oil less than that indicated on the main organic note of the gas station, and the Defendant intended to sell petroleum below the fixed quantity using the aforementioned-mentioned prime flow manipulation program.

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, according to the foregoing public offering, the Defendant paid approximately 12,00,000 won to the name poor who was introduced by E at the gas station around September 2014, and installed a program designed to oil less than 3.5% of the fixed quantity on each of the three main keys of the gas station, and used the altered alcoholic beverage installed with each measuring instrument around January 1, 2015 (the foregoing altered measuring instrument was used from September 2014, but the penal provision was enforced from January 1, 2015) to March 13, 2015.

2. A petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum and petroleum substitute fuel in a manner below the fixed quantity beyond the lux (0.75% (± 150 llllllll), which is prescribed by Presidential Decree, and shall not install or remodel business facilities for the purpose of selling them;

Nevertheless, from October 2014 to March 13, 2015, the Defendant, along with B, installed a program operated to sell less than 3.5% of the fixed quantity, as described in the preceding paragraph, and remodeled the business facilities for the purpose of selling less than the fixed quantity, and sold petroleum to less than the fixed quantity by deviating from the permissible use difference under the law.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Answers as a result of the inspection of forgery or alteration of a main or organic domain;

1. Application of the Acts and subordinate statutes to the judgment.