A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

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

(c) Violation of the Weights Act;

(d) Habitual fraud;

1. (a)(b)(c)(i)(60 years, South, North, and other projects; and

Housing Gangwon-gu Group

Seoul Central District Court Decision 200

2.(c). (d) salt B (62 years, remaining) and gas station.

Housing Gangwon-gu Group

Yeongdeungpo-gu Seoul basic domicile

Doctor’s degree (prosecutions) and gambling room (public trial)

Law Firm Sin Law Firm, Attorney Tra-ho

January 26, 2016

Defendant A. (1) imprisonment with prison labor for three years, and Defendant A. B. imprisonment for one year, respectively.

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

(1) No. 1 to 11 shall be forfeited from the defendant (i) to (i).

Criminal facts

1. Defendant ①

A. Regarding ○○ gas station

On May 1, 2015, Defendant (i) provided a program operated to delay gas station hours at the ○○○ Oil station operated by the Defendant, which is located in Gangwon-gun around May 1, 2015, with a program operated to produce less than 5% of the total quantity, and installed on gasoline and light oil in four main note for gasoline and light oil.

In addition, around July 1, 2015, the Defendant employed salt B B as the warden of the above ○○ Gas station and intended to operate the above alteration program. Around July 1, 2015, the Defendant conspiredd to do harm to users using the above alteration program at salt B and ○○ Gas station.

Pursuant to such a public offering, salt B: around 06 September 30, 2015: 06: At the above gas station, the gas station actually used the altered alcoholic beverage to pay less than the fixed quantity, while doing so as to pay the ordered volume to the users of the name omitted who found the gas, and then received KRW 70,000 from the victim.

In addition, from May 1, 2015 to September 30, 2015, the Defendant (in collusion with the Defendant’s salt B from July 1, 2015 to September 1, 2015, the Defendant was committed in collusion with the Defendant’s salt B) as if he would bring about the victims’ nameless injuries, and the Defendant was informed of the victims’ amounting to KRW 584,157,60.

B. Concerning gas stations

In May 2015, Defendant (i) provided a program operated by the Defendant in order to delay the hours of oil to the mainboard of gasoline and light oil in the oil station operated by the Defendant on May 8, 2015, which is operated by the Defendant in the middle of 863, with his name, from 48% to 5% less than its total quantity, and installed in the main four liquor.

On September 30, 2015: around 59: Around 59: Around the same time, the Defendant, using the altered alcoholic beverage, actually carried out gas stations less than the fixed amount, but, at the same time, carried out gas stations as if he/she had the ordered volume to the users of the name unrecognified who found the gas, and received KRW 80,00 from the victim, he/she would be aware that he/she would be paid to the victims’ name unrecognified victims in the fixed quantity from June 1, 2015 to September 30, 2015, by deceiving the victims and receiving KRW 858,283,262 from the victims.

C. Sub-decision

As such, the Defendant altered measuring instruments for the purpose of selling (in relation to the ○○ Gas station, in collusion with salt B) by manipulating the measurement value from July 1, 2015 to September 30, 2015, and then sold altered measuring instruments to less than the fixed quantity, and sold them to less than the changed measuring instruments out of the used vehicles, and acquired financial profits equivalent to the total amount of KRW 1,442,440,862 from the victims by deceiving victims habitually.

2. Defendant CDB’s salt B: (a) around July 1, 2015, Defendant CDB conspiredd to be harmful to users using a program operated for less than 5 per cent of the total quantity to delay the hours of oil installed in the main abandonment, by serving as a warden at the ○○ Oil station operated by ○○○.

According to such a public offering, the Defendant: around 06 September 30, 2015: (a) around 06:06, at the above gas station; (b) actually, using the altered alcoholic beverage as seen above, provided that, while doing so as to bring the substance to the users of the name omitted who found the gas, the Defendant was able to bring the substance to the ordered quantity; and (c) received 70,000 won of the gas from the victim.

In addition, from July 1, 2015 to September 30, 2015, the Defendant conspired with the above foreign ① from around July 1, 2015 to around September 30, 2015, and committed as if the victims were to be able to live in a fixed quantity, and by deceiving the victims, received a total of KRW 331,801,516 from the victims.

As such, in collusion with the above ① A, the Defendant altered measuring instruments for the purpose of selling them below the fixed quantity by manipulating measurement values, used the altered measuring instruments, sold them below the fixed quantity, and sold them habitually by deceiving victims, and acquired the amount of KRW 331,801,516 from the victims and acquired the amount of financial profits equivalent to the same amount of money.

Application of Statutes

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

(a) Defendant ①: Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 351 and 347(1) (A) of the Criminal Act, Article 30 of the Criminal Act, Article 46 subparag. 10, Article 39(1)2 (a) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 46 subparag. 10, Article 39(1)2 (a) of the Petroleum and Petroleum Substitute Fuel Business Act, Article 46 subparag. 10, Article 46 subparag. 10, Article 39(1)4 (a) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 71 subparag. 3, and Article 37(3) of the Criminal Act (a) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a person who habitually commits fraud, and

(b) Defendant Salt B: Articles 351, 347(1), and 30(1) and 30(a) of the Criminal Act; Article 46 subparag. 10, Article 39(1)2 (a) of the Petroleum and Petroleum Substitute Fuel Business Act; Article 46 subparag. 10, Article 39(1)4 (a) of the Petroleum and Petroleum Substitute Fuel Business Act; Article 46 subparag. 10, Article 39(1)4 (a) of the Petroleum and Petroleum Substitute Fuel Business Act; Article 71 subparag. 3, and Article 37(3) of the Weight Act (the alteration and use of measuring instruments for measuring the measurement value manipulation; the choice of imprisonment);

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Defendant A. : Articles 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing in consideration of the circumstances favorable to the Defendant)

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (General Considerations in favor of the Defendant among the reasons for sentencing as follows)

1. Confiscation;

Defendant ①: Article 48(1)1 of the Criminal Act

Judgment on the Defendants and defense counsel's assertion

1. Summary of the assertion

The Defendants and the defense counsel asserted to the effect that the Defendants run a business by selling the net quantity without using the measurement operation program per month, and that the oil control program used by the Defendants is designed to be distributed to less than 20 litress or less than it, so the parts concerning the above normal business day and the quantity of petroleum sales of not more than 20 litress should be excluded from the amount of fraud, and therefore, the actual amount of fraud by the Defendants is less than the amount of the indictment.

2. Determination

- - The appraisal statement of a stock company (Evidence No. 426 through 428) and the pre-sale inspection slip copy (Evidence No. 418 through 424) shall be calculated based on the 20 liter and so it is difficult to view that the amount of measurement is less than 20 liters or less, and the investigation report prepared by the investigator participating in the above appraisal as at the time of the appraisal as seen above is sufficient to find that there is a continuous alteration of less than 20 liters because of the fact that the amount of flow of the 20 liter or less is less than 20 liters or less than 20 liters or less than 20 liters or more of the content of the 20 liter or more of the 20 liter or more of the content of the 20 liter or more of the 20 liter or more of the content of the 20 liter or more of the 20 liter or more of the content of the 20 liter or more of the 20 liter or more of the content of the 20 liter or more of the content.

Therefore, the Defendants and the defense counsel’s assertion is not acceptable.

Reasons for sentencing

1. The scope of punishment;

(a) Defendant ①: Imprisonment for one year and six months to twenty-two years; and

(b) Defendant salt B: Imprisonment with prison labor for not more than 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Defendant ① (1) each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

[Determination of Type 3 (at least 50 million won, less than 5 billion won): In the case of committing a crime against an unspecified or a large number of unspecified victims, or committing a crime repeatedly over a considerable period of time;

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation Form] 4 to 7 years (2) , each violation of the Petroleum and Petroleum Substitute Fuel Business Act, and the sentencing guidelines for violation of the Written Measurement Act are not set. (3) The scope of Recommendation Form according to the standards for handling multiple crimes

Imprisonment for not less than four years;

B. Defendant Salt B (1) Habitual Fraud

[Determination of Type 2 (at least KRW 100,00, less than KRW 500,00) [The Special Franchisor] mitigation element: In a case where the Franchisor intentionally commits a fraudulent act, or the degree of the fraudulent act is weak

Aggravations: Where a crime has been committed against unspecified or large number of victims or repeatedly over a considerable period of time;

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation Form] 1 to 4 years (2) of the Act on Petroleum and Petroleum Substitute Fuel Business, violation of the Act on the Measurement, and violation of the Guidelines for Sentencing (3) of the Act on the Measures, the scope of the recommended punishment according to the standards for multiple crimes: imprisonment with prison labor for not less than one year but not more than three years; each of the instant crimes committed by the decision on the sentence on the sentence of imprisonment with prison labor for not less than one year; the Act on the Punishment of Oil and Petroleum Substitute Fuel obtains unjust profits by installing a camera altered on the discharge of gas stations in a measuring instrument to manipulate the main flow; the crime is intelligent, not more than the quality of the crime; the instant crime was committed for about five months; the total amount of damage was about KRW 1.40 million; and even if the damage was not recovered, the Defendants’ liability for the crime is heavy.

However, under the circumstances where the Defendants recognized the defendants' mistakes, the degree of participation in Defendant Salt ② is relatively minor, and there is no criminal force against Defendant Salt ②. In full view of the sentencing conditions specified in the trial process of this case, including the Defendants' age, character and conduct, family relation, family relationship, home environment, motive and means of crime, and circumstances after crime, the punishment is determined as ordered and the execution of the punishment is suspended for Defendant Salt ②.

It is so decided as per Disposition for the above reasons.

Judges Yang Sung-soo

Judges Doese defect

Justices Kim Jae-su