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(영문) 대구지방법원 2020.07.22 2020고정598

사기등

Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a petroleum retail store from November 25, 2001 to the name of D gas stations in the Gyeongdong-gun, Gyeongdong-gun, and Defendant B is a person who works as an employee of the above D gas stations from around 2015.

1. No person who violates the Act on Fraud and Petroleum Substitute Fuel Business shall manufacture, import, store, transport, store or sell fake petroleum products;

The Defendants had the mind to manufacture and sell fake petroleum products by mixing them with diesel oil, and Defendant A had Defendant B sell fake petroleum products 11,601 liters by manufacturing and selling fake petroleum products in total 12 times in total from May 2, 2019 to June 27, 2019 using a portable oil vehicle owned by the aforementioned D gas station to the victim F (hereinafter referred to as “F”) around June 27, 2019, using a portable oil vehicle owned by the said D gas station 8:0 liters, and received delivery of KRW 15,427,329 in total as the fuel price.

Accordingly, the defendant, by deceiving the victim, acquired the amount equivalent to the above amount, and at the same time manufactured and sold fake petroleum products.

2. The Defendants who attempted to commit fraud in collusion with the Defendants at the above F (State) on July 2, 2019 and July 5, 2019: 8: light oil 2: 1,337 liter transit on July 2, 2017;

7.5.5 363 litrespond from the victim F (363 litrespond from the delivery of fake transit to the State). Around that time, the victim filed a claim with the victim for KRW 1,715,867 under the pretext of transit payment, but the victim did not refuse payment, which was found to be a fake transit and did not result in an attempted attempt.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation of the head of Llering Si/Gun;

1. A H statement;

1. Statement of the police officer to I;

1. The notification of the results of inspection of the quality and distribution of petroleum products and a certificate of sampling;