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(영문) 광주지방법원 순천지원 2013.06.05 2013고정354

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the fishery partnership corporation D in the Korea Coastal Multimodal Fishing Vessels B (FRP) in the Korea Coastal Vessel B (FRP) in the Korea Coastal Power Co., Ltd. and is engaged in the mining farming business.

Although the Defendant was well aware of the fact that tax-free petroleum exempted from value-added tax is restricted to be used for purposes other than fishing, the Defendant filed an application for tax-free diesel transit 2,400 liters as if he were to use it as fuel oil for the fishing vessel at the same place of business on November 7, 2012, for the purpose of partially using heating equipment installed in D and owned 35 passenger buses (E) and 1t cargo vehicles (F).

In other words, he received tax exemption 2,400 liter from a person in charge and received tax exemption 15,200 liter (15,118,920 won) through a total of nine times until January 9, 2013, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on internal investigation (a suspected fishing vessel);

1. On-site inspections for illegal use of tax-free oil;

1. A duplicate of a tax-free petroleum supply card for the fishing business;

1. Application of Acts and subordinate statutes to investigation reports ( Results of appraisal of sample of oil);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;