(영문) 서울중앙지방법원 2016.2.25.선고 2015고단7484 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

Text

Reasons

Judges

텍스트 조절

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크기(pt)

굵기

줄 간격

자간(%)

집행유예

(영문) 서울중앙지방법원 2016.2.25.선고 2015고단7484 판결

가.계량에관한법률위반·나.석유및석유대체연료사업법위반·다.사기

Cases

2015du7484(a) Violation of the Weights Act

(b) Violation of the Petroleum and Petroleum Substitute Fuel Business Act;

Defendant

1. 가. 나. 다. A, ●●●●● 영업사원

Residence

Reference domicile

2. A. (b) B. B. and for daily use;

Residence

Reference domicile

3. (a)(b) C, temporary employment;

Residence

Reference domicile

Prosecutor

OO (prosecutions) and ○○○ (Public trial)

Defense Counsel

○○○ (Korean War for all of the Defendants)

Imposition of Judgment

February 25, 2016

Text

Defendant A shall be punished by imprisonment with prison labor for ten months, by imprisonment for eight months, and by imprisonment with prison labor for six months.

However, with respect to Defendant B and C, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

To order Defendant B and C to provide community service for 120 hours each.

Reasons

Criminal History Office

1. Defendant A

The defendant, in his own government, planned to operate the gas station and to raise profits by purchasing the revised email from ‘F', and installing it in the main abandonment of the gas station at his own time after being installed, which falls short of the fixed quantity.

A. Violation of the Measurement Act

No one shall alter any measuring instrument for the purpose of falsifying the value of measurement, or use any altered measuring instrument.

Nevertheless, from February 9, 2015 to March 13, 2015, the Defendant installed a program chip, which was operated to fall short of 4.15% of the fixed quantity, on the main abandonment of the said gas station from February 1 to March 11, 2015, and operated the liquor.

Accordingly, the Defendant used altered measuring instruments.

(b) No petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall sell petroleum products below the fixed quantity by deviating from the tolerance of using petroleum and petroleum substitute fuel prescribed by Presidential Decree, and install or remodel business facilities for the purpose of selling petroleum products below the fixed quantity;

Nevertheless, from February 9, 2015 to March 13, 2015, the Defendant, from around February 9, 2015 to around March 13, 2015, sold petroleum to customers by operating a program chip, which was fabricated to fall short of 4.15% of the fixed quantity, on the main chip to the main chip.

As a result, the Defendant sold petroleum to less than the fixed quantity than the permissible use vehicles, and remodeled the business facilities for less than the fixed quantity for sale.

From February 10, 2015 to March 13, 2015, the Defendant installed a program chip, which was operated to be milked less than 4.15% of the fixed quantity, on the main organic note No. 1 to 11 at the above main oil station, and sold petroleum less than the fixed quantity to customers under his/her name, and received the fixed amount of oil equivalent to the fixed quantity.

The Defendant, by deceiving the victims of the false name in the above manner, obtained the total amount of KRW 25,067,718 ( = 604,041,400 x 4.15%) over 10,454 times as shown in the attached Table I of Crimes List.

2. Defendant B

The Defendant, as the representative of the ○○○○○○ Gas located in Yeongdeungpo-gu Seoul Metropolitan Government, was comprehensively managed the said gas station as the representative of the said gas station. In collusion with H, the actual operator of the said gas station, the Defendant planned to increase the profit by operating the gas station in such a way as to purchase the gas room altered from “F” and to pay less than its net quantity after installing it on the gas station.

(a) Violation of the Acts on measurement;

No one shall alter any measuring instrument for the purpose of falsifying the value of measurement, or use any altered measuring instrument.

Nevertheless, from February 9, 2015 to March 13, 2015, the Defendant installed a program chips operated to be milked under 4.15% less than the fixed quantity on the alcoholic beverage Nos. 1 to 5, 7, 9, and 10 at the above Do prospective gas station, and operated a liquor.

Accordingly, the Defendant used altered measuring instruments in collusion with H.

Nevertheless, from February 9, 2015 to March 13, 2015, the Defendant, from around February 9, 2015 to around March 13, 2015, operated a program chip, which was operated to be milked less than 4.15% of the fixed quantity, and sold petroleum to customers.

Accordingly, the defendant, in collusion with H, sold petroleum to less than the fixed quantity, and remodeled business facilities for the purpose of selling below the fixed quantity.

From February 16, 2014 to March 13, 2015, the Defendant: (a) installed a note set up in the main amusement facility Nos. 1 to 5, 7, 9, and 10, the Defendant, from around February 16, 2014, to be milked less than 4.15% of the fixed quantity; and (b) sold petroleum less than the fixed quantity to customers under his/her name.

The Defendant, by deceiving victims in the name of the victim in the above manner, obtained a total of KRW 48,661,734 ( = 1,172,571,923 x 4.15%), as shown in Annex II of the List of Crimes.

3. Defendant C

The defendant, in his own government city, managed the above gas station as a complaint of "BBBB", and in collusion with H, the actual operator of the above gas station, he planned to increase profits by operating the gas station in such a way that he purchased the gas station altered from "F" and then installed it on the gas station in the above gas station and then gas it below the fixed quantity.

A. Violation of the Measurement Act

No one shall alter any measuring instrument for the purpose of falsifying the value of measurement, or use any altered measuring instrument.

Nevertheless, from February 16, 2015 to March 13, 2015, the Defendant installed a program chip, which was operated to fall short of 4.15% of the fixed quantity, on the main abandonment No. 2, 4, and 8, from around February 16, 2015, and operated a liquor.

Accordingly, the Defendant used altered measuring instruments in collusion with H.

Nevertheless, from February 16, 2015 to March 13, 2015, the Defendant, from around February 16, 2015 to around March 13, 2015, sold petroleum to customers by operating a program chip, which was fabricated to be milked at less than 4.15% below the fixed quantity, on the main chip No. 2,4-8.

As a result, the defendant, in collusion with H, sold petroleum to less than the net quantity, and remodeled business facilities for the purpose of selling below the net quantity.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect E by the prosecution;

1. The prosecutor's statement concerning H;

1. Police suspect interrogation protocol against J;

1. The police statement of K;

1. As a result of the inspection of a gas station, a report on each inspection business trip, a report on the inspection result of a gas station for sales falling short of the net quantity, a reply to a request for investigation data of a sales place falling short of the net quantity, and data on the inspection of each net plate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Article 347(1) of the Criminal Act; Articles 71 subparag. 3 and 37(3) of the Measurement Act; Articles 46 subparag. 10 and 39(1)2 and 39(1)3 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 13085, Jan. 28, 2015; hereinafter the same)

○ Defendant B: Article 347(1) of the Criminal Act; Articles 71 subparag. 3 and 37(3) of the Measurement Act; Articles 46 subparag. 10 and 39(1)2 and 39(1)3 of the former Petroleum and Petroleum Substitute Fuel Business Act; Article 30 of the Criminal Act; each choice of imprisonment

○ Defendant C: Article 71 subparag. 3 and Article 37(3) of the Weights Act; Article 46 subparag. 10 and Article 39(1)2 and 3 of the former Petroleum and Petroleum Substitute Fuel Business Act; Article 30 of the Criminal Act; each choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant B and C);

Article 62 (1) of the Criminal Code

1. Social service order (Defendant B and C);

Article 62-2 of the Criminal Code

The reason for sentencing is that the crime of this case was committed by installing a camera altered in the main discharge of oil stations and thereby obtaining unfair profits. It is necessary for those who intend to commit the crime to commit the crime in intelligence and with the high quality of the crime committed against many and unspecified consumers through corresponding punishment. In determining the punishment against the Defendants, it is necessary to set up a warning to those who intend to commit the crime. In addition to the above unfavorable circumstances, the Defendants reflect in depth during confession, and the period of the crime is not long, in the case of Defendant B and C, Defendant B and C, who were employed by high school-friendly head of the job placement industry H (determination of one year sentence of imprisonment) and was taking part in the crime and did not have any profits acquired by the crime. Defendant A and C did not have any previous conviction or punishment for the same kind of crime, and Defendant B and C did not have any favorable criminal records, such as age, character and behavior of the Defendants, family relation, home environment, motive and means of the crime, and the following circumstances.