(Original title: The gas station gained more than 8 million yuan from cheating and only fined 2000 yuan? The typical cases of fuel dispenser cheating were published in many places, leading to controversy)
On May 16, the eve of the International Metrology Day, the State Administration of Market Supervision and Administration of the People's Republic of China held a press conference on the special action to comprehensively control fuel dispenser cheating, announcing the results of the special action in the past year. A total of 1249 fuel dispenser cheating cases were investigated and handled nationwide, involving 2.002 billion yuan and 697 million yuan in fines and confiscations; Investigated and punished taxes, imposed late fees, and fined 1.961 billion yuan; 84 criminal cases were filed and 200 people were detained, effectively regulating the order of the refined oil retail market.
Recently, however, the reporter of Dawan News noticed that some cases of the special action for comprehensive treatment of fuel dispenser cheating caused a heated discussion among netizens, "The illegal income was more than 8.63 million yuan, and only a fine of 2000 yuan. Is there a word" 10000 "missing?"
The illegal gains from gas station cheating are millions, and the fine is only 2000 yuan
The reporter of Dawan News noticed that in case one, an oil limited liability company in Baotou City, Inner Mongolia Autonomous Region was found to have computer equipment suspected of having the function of manually prepaying oil volume in the closet interlayer of the staff lounge in the back yard of the gas station and the installed software of Beilin Service Station Management System. By installing additional equipment, the party concerned uses the software "IC Card Preference Level Definition" [Preference Mode II] function to control the indication error and underpay the fuel, and reduce the cumulative fuel volume and underpay the tax on the main board of the fuel dispenser. It was found that the sales amount of the party concerned during the period from March 5, 2022 to May 17, 2023 was 9677598.76 yuan, and the function of "IC card preference level definition" was operated 1221 times. The law enforcement officers of the Market Supervision Bureau of Inner Mongolia Autonomous Region and the Market Supervision Bureau of Baotou City imposed an administrative penalty of confiscating 4 fuel tankers involved in the case, confiscating 8638144.8 yuan of illegal income, and imposing a fine of 2000 yuan on the gas station.
In another case, a gas station in Chengyang District, Qingdao City, Shandong Province was found to have computer equipment and software suspected of having the function of manually prepaying fuel. It was found that the party concerned had used the software cheating function module since August 1, 2023, and by October 12, 2023, the sales amount after deducting the paid taxes was 3.2079 million yuan, which was the illegal income of the case. Qingdao Municipal Market Supervision Bureau of Shandong Province imposed an administrative penalty of confiscating 4 fuel tankers involved in the case, confiscating 3207965.68 yuan of illegal income and imposing a fine of 2000 yuan on the gas station.
The picture is a screenshot of the website of the relevant notified cases
In addition, Dawan News reporters noticed that there had been many cases of fuel dispenser cheating published before this time. In April 2023, the law enforcement personnel of Loudi Market Supervision Administration in Hunan Province, together with the public security organ, carried out law enforcement inspection on the parties. After investigation, the party concerned changed the metering main board of the fuel dispenser without authorization since February 2023 and started the cheating procedure, resulting in an illegal income of more than 320000 yuan. Loudi Market Supervision and Administration Bureau confiscated the involved metering main board according to law, confiscated the illegal income of more than 320000 yuan, and imposed an administrative penalty of 2000 yuan.
A gas station in Loudi, Hunan, illegally gained 320000 yuan and was fined 2000 yuan
On March 17, 2023, the Market Supervision Bureau of Ruijin City, Jiangxi Province, received the transfer of clues, reflecting that Ruirong Gas Station in Ruijin City may have illegal acts, and law enforcement personnel inspected the gas station according to law. It was found that the lead seals of 8 mainboards on the two fuel dispensers of the gas station were damaged and changed. The party concerned modified the metering data of the fuel dispenser by destroying the mainboard of the fuel dispenser, and cheated on the fuel dispenser. The illegal income was 441441 yuan. The act of the party violated the provisions of Article 16 of the Metrology Law of the People's Republic of China, and Ruijin Market Supervision Bureau imposed an administrative penalty of confiscating 8 fuel dispenser mainboards and confiscating 443000 yuan of money on the party according to law.
The picture is a screenshot of a typical case released by the Market Supervision Bureau of Ruijin City, Jiangxi Province
Internet users have many questions, and relevant departments have answered them
In the face of the huge amount of illegal income and relatively small amount of fines, as well as the sharp contrast between the previous cases of being fined 100000 for selling vegetables and 15000 for selling tofu brains, netizens inevitably have many doubts. After sorting out, journalists in Anhui found that netizens' doubts mainly focused on the following points. Is the fine amount low? Whether the large amount involved involves criminal cases? Why not publish the names and information of the gas stations involved?
On the afternoon of May 22, a reporter from Dawan News called the Loudi Market Supervision and Administration Bureau, and a staff member of the Bureau's Publicity Section told the reporter that after the initiative to publish typical cases of cheating in designing fuel dispensers, all sectors of society were also very concerned, and also showed great interest in some issues. "We also collected some questions from the masses and answered questions about related concerns."
As for the fine of only 2000 yuan, the staff told the reporter that among the three cases published by Loudi Market Supervision and Administration Bureau, the fines and confiscations in the three cases were the same, and more than 372000 yuan, 322000 yuan and 141000 yuan were respectively confiscated into the national treasury. The illegal costs of the parties can be said to be very heavy. Among them, the fine of 2000 yuan is already a top fine. The punishment is mainly based on Article 46 of the Detailed Rules for the Implementation of the Metrology Law of the People's Republic of China, which reads, "If the use of unqualified measuring instruments or the destruction of the accuracy of measuring instruments and the falsification of data have caused losses to the State and consumers, they shall be ordered to compensate for the losses, the measuring instruments and all illegal income shall be confiscated, and a fine of not more than 2000 yuan may also be imposed".
As for the non disclosure of specific gas station information, the staff member also explained that, referring to the publication of relevant typical cases at the national, provincial and municipal levels, it is a common practice not to publish the specific information of the parties. According to the relevant provisions on government affairs disclosure and enterprise credit information publicity, the relevant cases have been disclosed through the enterprise credit information publicity system and other channels.
As for whether the case with a large amount of money involved punishment, the staff member said that the case was investigated and handled by the Market Supervision Bureau in conjunction with the public security, tax and other departments. The process of handling the case was in accordance with laws and regulations, and went through the procedures of filing, investigation, legal review, and collective discussion of the responsible person. In view of the large amount of money involved in the case, many of the cases were transferred to the public security organ for investigation according to the relevant provisions of the "connection of execution", and the public security organ believed that no punishment was involved and returned to the market supervision department for administrative punishment. At present, the provisions of Article 26 of the Metrology Law of the People's Republic of China and Article 46 of the Detailed Rules for the Implementation of the Metrology Law of the People's Republic of China are generally applicable to the cheating of gas stations throughout the country, and the cheating gas stations bear administrative responsibility. Other cities and states in the province also deal with cheating gas stations mainly by administrative punishment.
In addition, as to whether the gas station involved in the case compensated consumers for their losses, the staff member also said that the gas station involved in the case had cheated in metering and caused losses to consumers. According to Article 26 of the Metrology Law of the People's Republic of China and Article 46 of the Detailed Rules for the Implementation of the Metrology Law of the People's Republic of China, the Market Supervision Bureau, while punishing consumers, The party concerned has been ordered to refund and compensate for consumer losses according to relevant procedures.
