beta
(영문) 서울중앙지방법원 2015.10.07 2015고단3351

사기등

Text

A defendant shall be punished by imprisonment for one year.

Nos. 6 (No. 8) and 1.0 of the attached list in the total list of seized articles.

Reasons

Punishment of the crime

The Defendant actually raised operating funds of the “J gas station” and the “L gas station” located in K in Yeongdeungpo-gu Seoul Metropolitan Government, the business owner of the above gas station. M is a person who actually managed the gas station as the business owner of the above gas station, and N was in charge of the gas station duties while serving as the complaint of the above “J gas station,” and the Defendant, along with M and N, conspired to raise profits by operating the gas station in a way that the gas station was altered into the gas station’s main content and oiling below the fixed quantity.

1. Crimes relating to J gas stations;

(a) 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 the early February 2015 to March 13, 2015, the Defendant installed a program chip, which was fabricated to be milked under 4.15% below the fixed quantity, on the alcoholic beverage No. 2 and No. 4-8 of the said “J gas station” and operated a alcoholic beverage.

Accordingly, the Defendant used altered measuring instruments in collusion with M and N.

(b) In the oil station that sells 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 net 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 the early February 2015 to March 13, 2015, the Defendant sold petroleum to customers by leaving a program chip, which was operated to fall short of 4.15% of the fixed quantity, on the main organic note No. 2, 4-8 of the above “J gas station”, and operated a liquor, thereby selling petroleum to customers.

Accordingly, the defendant, in collusion with M and N, sold petroleum to less than the net quantity, and remodeled business facilities for the purpose of selling less than the net quantity, beyond the permissible usage level (0.75%) permitted by law.

2. Crimes relating to gas stations.