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(영문) 대전지방법원 2016.06.29 2015고단3326

계량에관한법률위반등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for six months, by a fine of three million won for each of the defendants D and E.

Defendant

D....

Reasons

Punishment of the crime

Defendant

A’s operator of the “L gas station” located in Daejeon Daejeon-gu Daejeon, M was the operator of the “O gas station” located in Daejeon-gu N, Defendant B was the operator of the “ Q gas station” located in Daejeon-gu P, Defendant D was the manager of the above O gas station, Defendant D was the manager of the above Q gas station.

1. Defendant A

(a) No one who violates the provisions of the Measures Act shall alter any measuring instrument for the purpose of manipulating the value of measurement;

On August 25, 2014, the Defendant: (a) around August 25, 2014, at the above L station, had a person without his name install a program to alter the volume of alcohol on the main 2-round chills installed in the above gas station using a portable device; and (b) on the set-up board in which the amount of flow and oil is entered into a certain order, when the sum is sumd, the program is activated, so that it can be less than 1.5% to 2.3% in the fixed quantity; and (c) again, the Defendant changed the main chilling operation program in a fixed order by means of a fixed quantity if the sum is short or all of it is cut off.

Accordingly, the Defendant had altered measuring instruments in collusion with the above-mentioned person in order to manipulate the value of measurement.

(b) A petroleum retailer, etc. that violates the Petroleum and Petroleum Substitute Fuel Business Act shall not sell petroleum and petroleum substitute fuels in a manner less than the net quantity by exceeding the tolerance (0.75% (± 150ml) as of 20L base) prescribed by Presidential Decree, and install or remodel business facilities for the purpose of selling below the net quantity, or install or remodel business facilities for the purpose of selling below the net quantity. He/she shall not take over or rent and use business facilities.

From August 25, 2014 to October 20, 2014, the Defendant sold a total of KRW 543,085,420, total market price of 351,654 liter via a method of charging approximately 1.5% to an unspecified number of customers who found the place of business by using altered alcoholic beverages, as stated in paragraph 1-A. The Defendant sold a total of KRW 543,085,420 to an unspecified number of customers.

This is the defendant's business facilities altered.