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(영문) 광주지방법원 2020.10.15 2020고정714

사기

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is the operator of the main station in Gwangju Mine-gu, and D, E, F, G, and H shall be the borrower of the cargo vehicle.

In order to alleviate the cost of oil for trucking business operators in accordance with the Trucking Transport Business Act and the Regulations on Trucking Fuel Subsidies, local governments have set the limit of payment for each month on the basis of the maximum load of each trucking vehicle with local tax resources, assist fuel subsidies, and issue one oil purchase card per trucking vehicle registered by trucking business operators to make the procedures transparent and transparent.

D) The borrower of the cargo vehicle, such as D, has an opportunity to hold the oil purchase card as above, and kept the oil purchase card in the oil station C, deducts the credit payment from the previous transaction by arbitrarily paying even if it is not the oil with limited liability to the relevant cargo vehicle, and pays by using the oil purchase card the sum of the purchase cost of the vehicle consumeds, such as the volume of oil paid to the personal vehicle of the above truck owner, and the Defendant, even though he was aware that the cargo owner could not receive the oil payment if he pays the amount different from the actual amount of the oil paid to the shipper at the oil station C, he conspired with the cargo owner for the purpose of selling the oil by attracting the large cargo vehicle, which is the excellent customer, to the customer.

1. On June 3, 2017, the Defendant and D’s joint criminal conduct D paid the above amount with an oil purchase card registered on the said vehicle, as if he/she had a limited liability for transit of the amount equivalent to KRW 427,152 to 14 tons of EXE 14 tons of truck, which he/she operates at the gas station C.

However, the fact is that D paid the main amount by oil purchase card, including the main amount of credit and the purchase amount of elements in the past credit amount and the personal car, rather than the main amount of the truck at the above temporary border, because D only paid the main amount by using the oil purchase card.

The Defendant and D shall act as above in collusion.