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(영문) 부산지방법원 동부지원 2016.01.05 2015고단1108
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who violates the provisions of the Measures Act shall alter any measuring instrument for the purpose of manipulating the value of measurement, or use any altered measuring instrument;

A. The Defendants, as married couple, conspired with less gas rates by modifying the gas measuring instruments, and subsequently, revised the gas consumption guidelines indicated on the gas measuring instruments installed in the Defendants’ residential premises located in Busan Shipping Daegu D around December 201 to 4,220 cubic meters. However, Defendant A, directly or in an irregular third party, opened the gas measuring instruments and returned the gas measuring instruments to 3,984 cubic meters.

B. Despite the fact that around November 2013, the guidelines for gas consumption indicated on gas measuring instruments installed in the above residence were 776 cubic meters, the foregoing paragraph (a) opened gas measuring instruments in the same manner as described in the foregoing paragraph and subsequently changed the guidelines to the extent that the amount used is 602 cubic meters;

C. Despite the fact that, around February 2014, the guidelines for gas consumption indicated on gas measuring instruments installed in the above residence are 1023 cubic meters, the foregoing paragraph (a) opened gas measuring instruments in the same manner as described in the foregoing paragraph and subsequently changed the guidelines to the extent that the amount used is 734 cubic meters;

D. Notwithstanding that the gas consumption guidelines indicated on gas measuring instruments installed in the above residential area around December 2014 are at least 1,035 cubic meters (1,035 cubic meters in November 2014) but the gas content guidelines are at least 1,035 cubic meters (1,035 cubic meters in November 2014), the foregoing paragraph (a) opened gas measuring instruments using the same method as described in the foregoing paragraph and subsequently changed the guidelines as if the amount used was 873 cubic meters;

E. The foregoing D at night around December 16, 2014.

When the fact that the guideline was modified as described in the port was discovered to the inspection board of Busan Gas Corporation, it again opened a gas measuring instrumenter and returned the guideline to the future in the same manner as described in Section A, and changed as if the quantity used was 1,069 cubic meters.

2. The Defendants, as described in paragraph 1, conspired to lower gas rates by altering the gas measuring instruments’ guidance, and then bid to lower gas rates;

A. On December 201, around 201, Defendants were actually in their residence.

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