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(영문) 수원지방법원 2016.09.21 2016고단4624
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the E gas station in Suwon-si D, and Defendant B is a person who works as a warden in the above gas station.

Defendant

A tried to acquire unfair profits by selling petroleum to many unspecified customers by deceiving the quantity of petroleum, attached a plate that enables to manipulate the volume of oil flow to the note of the above alcoholic beverage, and ordered Defendant B to manage the said note, and Defendant B prepared to make the volume of oil automatically less than the quantity of the main oil to be distributed to Defendant B before business hours every day.

1. No person who commits the sole crime of Defendant A shall alter any measuring instrument with a view to manipulating the value of measurement;

Nevertheless, the Defendant, at the end of April 2016, installed a program designed to change the same on the two main amusements of the four main amusements, except accelerators, to fall short of 3 to 4% of the fixed quantity.

2. Joint crimes committed by the Defendants

(a) A petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum products in a manner less than the net quantity by exceeding the lux (0.75% (±150ml) at the time of 200L base) prescribed by Presidential Decree, and from installing or remodeling business facilities for the purpose of selling such petroleum and petroleum substitute fuels;

Nevertheless, from May 1, 2016 to August 4, 2016, the Defendants operated the gas station with a program operated to be milked to less than 3 to 4% of the total quantity on the two main amusements other than accelerators during the four main amusements, as set forth in paragraph 1, from around May 1, 2016 to around August 4, 2016, and sold to many unspecified customers who found the above gas station totaling KRW 376,08,169.

As a result, the defendants conspired to sell petroleum products below the fixed quantity and sell them.

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