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(영문) 서울동부지방법원 2018.02.07 2017고단2202
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

A total list of seized articles 1,2,4.

Reasons

Punishment of the crime

Defendant

A is the nominal owner of the business of “G gas station” located in Gangdong-gu Seoul Metropolitan Government, and Defendant B, a person who operates a petroleum product agent “H” in kind in F with the actual business interest raised from the operating fund of the above gas station, and the Defendants conspired to raise profits by installing an alteration program on the main margin of the above gas station and operating the gas station in a manner less than the fixed quantity.

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

Nevertheless, between February 10, 2015 and March 13, 2015, the Defendants installed a program chip, which was fabricated to be milked by less than 4% of the fixed quantity, to the said G gas station, at the same time from February 10, 2015 to March 13, 2015.

Accordingly, the Defendants conspired to use the altered measuring instrument.

2. A gas station that sells petroleum and alternative fuels for petroleum in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall be prohibited from selling petroleum products in a manner below the net quantity by exceeding the tolerances for use determined by the President [0.75% at the 20L base date (± 150%), and shall not install or remodel business facilities for the purpose of selling them;

Nevertheless, between February 10, 2015 and March 13, 2015, the Defendants sold petroleum to customers by cutting the program chip, which was fabricated to be milked at less than 4% of the total quantity, on the nine main notes of the said G gas station, from February 10, 2015.

Accordingly, the Defendants, in collusion, sold petroleum to less than the net quantity and remodeled business facilities for the purpose of selling less than the net quantity.

3. The Defendants’ fraud falls short of 4% from February 10, 2015 to March 13, 2015, to nine (9) main stations of the said G oil station.

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