Text
A defendant shall be punished by imprisonment for six months.
However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is the operator of the "D gas station" in Daejeon Jung-gu, Daejeon, and E was the manager of the above D gas station.
1. Around July 2, 2014, the Defendant violated the Weights Act: (a) paid 2 million won to a person who has no name, and (b) paid 1,2,3, and 4, to a person who has no name, installed a program to alter the amount of flow in the oil station installed in the said stations by using a portable device; and (c) on the set-up board which records the amount of flow and oil in a certain order of order, the said program is activated so that it can be less than 2.3% in its fixed quantity; and (d) revised the alcoholic beverage operation program in a way that is carried out in a fixed order by pressing or blocking all of it.
Accordingly, the Defendant had altered measuring instruments in collusion with the above-mentioned person in order to manipulate the value of measurement.
2. The Defendant who violated the Petroleum and Petroleum Substitute Fuel Business Act: from July 2, 2014 to July 2, 2014, the same year
9. From September 10, 2014 to October 20 of the same year, the Defendant, alone, instructed the head of the business office E, from September 10, 2014 to around October 20, and sold the total amount of KRW 1,365,324,307, total market price of KRW 1,365,324,307, by the method of charging for approximately 2.3% to the unspecified number of customers who found the place of business using the altered alcoholic four alcoholic beverages.
Accordingly, the Defendant, alone or in collusion with the above E, sold oil below the fixed quantity by using the business facilities remodeled.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of E;
1. A written statement;
1. A report on internal investigation (the current status of the use of a vehicle inspected by non-explaining the Korea Petroleum Management Agency);
1. Results of measuring a small amount of oil content;
1. Operational photographs of the main or organic flag;
1. Seizure records;
1. Application of Acts and subordinate statutes to a investigation report (a fixed amount of sales revenue by an alteration according to the result of an analysis of the note of the alteration of each gas station);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;