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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant operated the “D gas station” in Ansan-gu Mayang-gu C.
1. No one who violates the provisions of the Measures Act shall alter any measuring instrument for the purpose of manipulating the value of measurement;
Nevertheless, on January 2015, the Defendant, at the lower court, installed a 'D gas station', which the Defendant operated by the Defendant, on the ground that the Defendant purchased 8 parcels of 1.5 million won from the supply business of the altered note with which it is impossible to identify the identity of the Defendant.
Accordingly, the Defendant altered measuring instruments for the purpose of manipulating measurement values.
2. Any petroleum retailer in violation of the Petroleum and alternative fuel business shall be prohibited from selling petroleum and alternative fuels to less than the net quantity after exceeding the tolerance of using them as prescribed by Presidential Decree (【0.75%), and from installing or altering business facilities for the purpose of selling petroleum below the net quantity.
Nevertheless, the Defendant, on January 1, 2015, sold petroleum products to an unspecified number of customers, who fell short of 3.5% of their used cars as prescribed by the Presidential Decree, from that time to March 12, 2015, for the purpose of selling less than the fixed quantity, as stated in the foregoing paragraph 1 at the oil station.
3. The Defendant, on February 2, 2015, sold petroleum products worth KRW 11,738,440 by deceiving an unspecified number of customers by deceiving an unspecified number of customers, as if he/she had a measuring instrument altered to fall short of 3.5%, such as the foregoing paragraph 1, in the “D gas station” located in Ansan-gu, Mayang-si, Mayang-si.
Accordingly, the Defendant acquired a total of 13,389,214 won from March 12, 2015, including the acquisition of property gains equivalent to 41,738,440 x 0.035 x 0.035), which is a difference between the fixed quantity and the fixed quantity, to many unspecified customers.
(i) the evidence;