2012 Highest 6425 Violation of the Petroleum and Petroleum Substitute Fuel Business Act, fraud and measurement

Violation of law

Park Woo-won (prosecution) and a court for completion

Attorney Hong Ho-ho, Kim Jong-il

June 27, 2013

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 6 shall be confiscated.

Criminal facts

From April 201, the Defendant: (a) from around 201 to the Daegu Dong-gu, “○○○ Gas station”, the Defendant is a petroleum retailer that installs and operates six gasoline brewing six gasolineing stations and four diesel organic stations.

1. Violation of the Weights Act;

No one shall alter any measuring instrument for the purpose of falsifying the value of measurement.

Nevertheless, after April 201, 201, the Defendant altered the amount of oil to be distributed to less than 4.3% of the gasoline’s total quantity in the event that the Defendant entered the amount of oil and oil oil, and 3.5% of the total volume of the light oil to be distributed to less than 3.5%, by operating the gasoline-making three gasoline-making devices installed in the gas station in the oil station at a 00-temporary and temporary diameter, and the central treatment equipment of four gasoline-making stations, which are installed in the oil station at the oil station.

2. Any petroleum retailer that violates the petroleum and alternative fuel business shall be prohibited from selling petroleum and alternative fuel to fall short of the fixed quantity beyond the tolerance of using them prescribed by Presidential Decree;

Nevertheless, at around 16:00 on August 31, 201, the Defendant: (a) operated gasoline and light oil below the fixed quantity by the method specified in paragraph (1) at a gas station at around 00, the Defendant, from 200 to 875ml, EL-105ml, EL-105180 to 200 ml, EL-105180 to 20 ml, EL-1051 to 20 ml, 860ml per 20 ml, EL-1105058 to 20 ml, EL-1050 ml, EL-1059 to 20 ml, EL-1059 to 20 ml, E-10629ml, 589ml, 206 ml, 205ml to 200 ml (25m).

3. Fraud;

On July 6, 2011, the Defendant advertised as if the gas station operated by the Defendant was oil with a normal quantity of oil and sold at low price, as indicated in the preceding paragraph. However, the Defendant oil with a quantity below the fixed quantity.

Nevertheless, the Defendant advertised as above and obtained 100,000 won for the oil price, and acquired 100,000 won for the victim's stuff, and acquired 50,000 won for the oil price in the same manner as the oil price, and acquired 50,000 won for the same manner as on July 28, 200, and acquired the amount equivalent to the non-value equivalent to the quantity below the net quantity

Summary of Evidence

1. Legal statement of the witness’s stuff;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of each police statement on the transfer, transplant, personal constitution, and reason;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of pre-sale inspection table), a criminal investigation report (Attachment of a site photograph), a criminal investigation report (related to a vehicle used), and a criminal investigation report (related to details reserved by the victim);

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

Article 46 Subparag. 3 and Article 11(3) of the Weights Act (amended by Act No. 11234, Jan. 26, 2012); Article 46 Subparag. 10 and Article 39(1)1 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11234, Jan. 26, 2012); Article 347(1) of the respective Criminal Code; each choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Judgment on the defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. Summary of the assertion;

The defendant did not know that he did not alter his liquor, but did not know that he was found to fall short of the fixed quantity.

2. Determination

In light of the following facts and circumstances revealed by the evidence of each judgment, i.e., the defendant leased and operated a 00 gas station, and then purchased a new alcoholic beverage from the East Franchisor, and there was no specific error in measurement at the time of the installation of the main gas station, but it was confirmed that the quantity falls short of the seven main gas stations at the time of the enforcement of the regulation, such as Paragraph 2 of the ruling, and that the seven main gas station computer program was included in other programs than the program at the time of the production, and the defendant was in charge of the management of the main gas station, such as the input of the amount of the main gas station, and the other person did not find any trace of the management of the main gas station, the defendant's assertion that the defendant altered the main gas program so that the amount of the main gas was less than the quantity of the main gas, and thus, the defendant and his defense counsel cannot be accepted.

The reason for sentencing is that the defendant has come short of the quantity by new methods to operate the programs of his main organic computer and caused unjust enrichment by deceiving a large number of consumers than other gas stations, as if the defendant sells them at the intermittent value, the sound distribution order of oil is harmed and the quality of the crime is not very good, and it is necessary to prevent the same kind of crime by punishing the defendant, and the defendant has consistently failed to repent his errors in his reasoning that is unreasonable, such as the ideal of computer programs by the lightning, etc., and the defendant has consistently failed to repent his errors. The amount of profit acquired by the defendant by selling less than the quantity is about KRW 170 million, and the amount of profit acquired by the defendant by selling less than the quantity is about KRW 170,000,000,000, other various kinds of punishment as the order of this case, including the defendant's age, character, intelligence and environment, motive, means and result of the crime, and circumstances after the crime

Judges 000