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(영문) 부산지방법원 서부지원 2017.12.19 2017고정323

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the inland fishing vessel C (0.98 tons, 115 Efins, etc. of the 115 Efins, etc.) of the Busan Sinsi-si, Busan Sinsi-si, as the Busan Sinsi B.

Tax-free petroleum for fishing is used only for the purposes prescribed in the Guidelines for the Collaborative Oil Supply Business, but the Defendant was supplied with duty-free oil for fishing for inland fishing vessels C (0.98 tons) and inland fishing vessels E (0.88 tons, 55 E (55 E) under his/her own name, which belong to a person in charge of sales at the point of the Sinsi-si in Busan Metropolitan City, Busan Metropolitan City, and a person in charge of delivery of tax-free petroleum for fishing.

① On August 5, 2016, the Defendant: (a) presented a certificate of fishing under C and E as if he/she did not actually use tax-free petroleum in the fishery at the sales department and office of the Busan Simpo-dong branch located in Gangseo-gu Busan Simpo-si, Busan; and (b) obtained the delivery of gasoline 200 litres (in face value, KRW 103,610, KRW 283,894) from the injured party believed to be true; and (c) acquired the difference between the tax-free petroleum and the tax-free petroleum as of August 5, 2016, KRW 180,284.

② On September 6, 2016, the Defendant: (a) presented a certificate of fishing under C and E as if he/she did not actually use the duty-free petroleum in the fishery at the sales division and office of the branch office located in the Gangseo-gu Busan Simpo-dong, Busan, Simpo-si; and (b) obtained a certificate of fishing under C and E, from the injured party believed to be true, an incentive gasoline 200 liters (in face value, 9,410 won, 281,60 won, and 281,60 won), and acquired the pecuniary profit of KRW 182,250,000, which is the difference between the duty-free petroleum and the duty-free petroleum as of September 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to G, H, I, and J;

1. A report on internal investigation (a summary of the statement of the person in charge of the handling of internal investigation, vessel documents, and the management ledger for entry into and departure from port;