2015 Highest 3351 Fraudulents, Violation of the Weights Act, Petroleum and Petroleum Substitute Fuel

Violation of Business Act

A, Petroleum Sales Business

Residence

Reference domicile

○○ (Lawsuits) and ○○ (Public Trial)

Law Firm ○

Attorney OOO, OO

Law Firm (Caution) 00

Attorney in charge OO, OO,OO

October 7, 2015

A defendant shall be punished by imprisonment for one year.

Nos. 6 (8 mainboards), 7 (USB), 9 (10 mainboards), and 10 [POS computer files (USB)] stated in the total list of seized attached articles, shall each be confiscated. Nos. 6 (8 mainboards), 7 (10).

Criminal History Office

The Defendant actually raised the operating funds of the ○○○○○○○○○○○-○○ in the Gyeonggi-si Government-si, and of the Yeongdeungpo-gu Seoul Metropolitan Government Daecheon-dong ○○○○○○○○○-○○○○○○, a business owner of the above gas station, who actually managed the gas station as the business owner of the above gas station, and C was in charge of the gas station duties while serving as the complaint of the above ○○○○○○, a person who was in charge of the gas station duties. The Defendant, together with B and C, conspiredd to operate the gas station by setting up the gas station in a manner that is less than the fixed quantity and oiling below the above gas station.

1. Crimes related to the ○○ gas station;

(a) Violation of the Weights 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 the early February 2015 to March 13, 2015, the Defendant installed a program chip, which was operated to be milked for less than 4.15% of the total quantity, on the alcoholic beverage No. 2, No. 4, and No. 8, on the alcoholic beverage No. 15% of the total quantity, and operated a liquor. Accordingly, the Defendant used the altered measuring instrument in collusion with B and C.

(b) In cases of gas stations that sell petroleum and alternative fuel in violation of the Petroleum and Petroleum Substitute Fuel Business Act, used teas prescribed by Presidential Decree;

[2] No petroleum product shall be sold below the net quantity beyond 0.75% (± 150ml) at 20 L base date, and no petroleum product shall be installed or remodeled for sale.

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 be milked less than 4.15% below the fixed quantity, on the main organic note No. 2, No. 4, and No. 8 of the above “○○ Gas Station”, from the early February 2015 to the early February 13, 2015.

Accordingly, the defendant, in collusion with B and C, sold petroleum to less than the net quantity, and remodeled business facilities for the purpose of selling below the net quantity, by deviating from the use vehicles permitted by law (0. 75%).

2. An offense related to Do governor down oil station;

(a) Violation of the Weights 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 the early February 2015 to March 13, 2015, the Defendant installed a program chip which was operated to be milked by less than 4.15% below the fixed quantity on the Jeju-do basin No. 1 to 5, 7, 9, and 10.

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

(b) In cases of gas stations that sell petroleum and alternative fuel in violation of the Petroleum and Petroleum Substitute Fuel Business Act, used teas prescribed by Presidential Decree;

[2] No petroleum product shall be sold outside of 0.75% (【 150ml) at 20 L base date) and below the net quantity, and no business facility shall be installed or remodeled for sale.

Nevertheless, from the early February 2015 to March 13, 2015, the Defendant sold petroleum to customers by cutting down a program chip which was operated to be milked at less than 4.15% below the fixed quantity on the Jeju-do basin No. 1 to 5, 7, 9, and 10.

As a result, the Defendant, in collusion with B, sold petroleum below the net quantity, and remodeled business facilities for the purpose of selling below the net quantity, beyond the permissible usage vehicles (0. 75%) which are allowed by law.

(c) Fraud;

From February 10, 2015 to March 13, 2015, the Defendant: (a) installed a note set up in order to be milked less than 4.15% of the fixed quantity on the so-called so-called so-called so-called so-called so-called so-called so-called so-called “○○○ Gas station” ranging from February 10, 2015 to March 13, 2015; and (b) sold petroleum to customers under his/her name-unclaimed to less than the fixed quantity; and (c) received the fixed amount of oil for selling petroleum to customers.

The Defendant, in collusion with B, by deceiving victims in the name failure in the above manner, acquired a total of 48,661,734 won (1, 172, 571, 923 won x 15%) in total on 22,263 occasions as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police suspect interrogation protocol concerning B and C;

1. Each police statement on ○○○ and ○○○;

1. A business trip report and the results of prepaid inspections, etc.;

1. Investigation report (as a result of evaluation as to whether a whistle has been altered and forwarding data for checkup falling short of the net quantity), and each accompanying document (as evidence records 1484 pages to 1595 pages);

1. Report of investigation (Preparation of a list of offenses);

1. Investigation report (to hear statements B);

Application of Statutes

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

Articles 347(1) and 30(1) of the Criminal Act, Article 71 subparag. 3 and 37(3) of the Weights Act, Article 30(a) of the Criminal Act, Article 46 subparag. 10 and 39(1)2 of the former Petroleum and Petroleum Substitute Fuel Business Act (Amended by Act No. 13085, Jan. 28, 2015; hereinafter the same shall apply), Article 30(a) of the Criminal Act, Article 46 subparag. 10 and 39(1)3 of the Criminal Act, Article 46 subparag. 10 and 39(1)3 of the former Petroleum and Petroleum Substitute Fuel Business Act, Article 30(a) of the Criminal Act (including installation, alteration, and selection of imprisonment for a fixed quantity sales business facility below the fixed quantity of sales purposes, installation, or alteration of business facilities below the fixed quantity of sales purposes)

1. Aggravation for concurrent crimes;

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

1. Confiscation;

The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Criminal Act is deemed to have obtained unjust profits by installing a camera altered in the main amusement of oil stations by manipulating the main flow quantity. The crime of this case is intelligent under the Act on the Acceptance of Criminal Crimes and the crime committed against many unspecified consumers, and is very heavy. Furthermore, the defendant sold similar light oil and committed the crime of this case without being informed of the suspension of execution of one year after being sentenced to imprisonment for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Suwon District Court on June 13, 2013. Furthermore, the defendant committed the crime of this case without being informed of the fact that the defendant committed the crime of this case during the suspension of execution: Provided, That it was against the confession of the crime, the fact that the period of the crime was relatively not much long, the defendant's wife is in a position to support the children living alone, and the sentencing conditions of this case, such as the defendant's age, character and behavior, family relationship, family environment, motive and means of the crime, etc.

Judges Love

1) The phrase " February 10, 2014" appears to be a clerical error in the indictment, " February 10, 2015".