Text
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
1. Defendant A operated the “J gas station” in Bupyeong-gu, Incheon and the “L gas station” in K at the Namyang-gu, Chungcheongnam-gu, Incheon.
J gas stations (1) No person who violates the Weights Act shall alter any measuring instrument with a view to manipulating the value of measurement.
Nevertheless, around January 11, 2015, the Defendant purchased 3 million won per opening and installed five 5 alcoholic beverages, respectively, in which the altered program from the supplier of the alteration of his name is transplanted to make it short of 3% of the total quantity from the supplier of the alteration of his name falls short of 3%.
Accordingly, the defendant altered measuring instruments for the purpose of manipulating the value of measurement.
(2) A petroleum retailer in violation of the Petroleum and Petroleum Substitute Fuel Business Act shall not sell petroleum or petroleum substitute fuel in a quantity below the net quantity, or install or remodel business facilities for the purpose of selling petroleum or petroleum substitute fuel below the net quantity.
Nevertheless, around January 11, 2015, the Defendant, at the above J-owned Oil station, remodeled a diversative measuring instrument for the purpose of selling less than the fixed quantity, and sold petroleum products to many unspecified customers from that time to March 13, 2015, by deviating from the use prescribed by the Presidential Decree and falling short of 3% of the fixed quantity.
(3) The Defendant, from January 11, 2015 to March 13, 2015, sold petroleum products worth KRW 1,495,310,94 by deceiving an unspecified number of customers, as if he/she had altered measuring instruments to bring about a shortage of 3% as described in the foregoing paragraph (1) and sold the fixed quantity using a dives measuring instrument, which was altered to bring about a shortage of 3% as described in the foregoing paragraph (1).
As a result, the Defendant acquired property profits equivalent to 44,859,328 won (1,495,310,944 won x 0.03 and less than won) from many unspecified customers.
(b) Any person who commits a crime relating to gas stations (1) in violation of the Weights Act;