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(영문) 창원지방법원 2016.09.02 2016고단2221

사기등

Text

Defendant

A Imprisonment with prison labor for a year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor for a year.

except that this judgment.

Reasons

Punishment of the crime

1. The Defendant A, who was operating the I gas station in Kimhae-si, the K gas station in J in Kim Jong-si, the Defendant B, a person who served as the complaint of the above I gas station and managed the overall affairs including the settlement of sales, and the Defendant C, a person who served as the complaint of the above K gas station and managed the overall affairs including the settlement of sales while serving as the complaint of the above K gas station.

The Defendants received a proposal from a large number of cargo owners visiting the oil station as above, to the effect that, in order to receive the maximum amount of fuel subsidy, the Defendants paid a certain amount per liter (the amount obtained by subtracting 183.21 won per liter from the amount of oil tax as of the purchase date) to support the monthly payment limit according to the maximum loading capacity of the relevant cargo vehicle, the Defendants paid by using the oil purchase card (credit card or physical credit card) a false amount calculated in excess of the actual shipping volume, and then request the refund in cash equivalent to the difference between the actual purchase amount and the actual purchase amount.

Defendant

A is well aware of the fact that cargo owners are unlawfully receiving fuel subsidies when settling false amounts as above, while accepting the proposal with the intention of attracting cargo owners to increase the sales of oil stations, Defendant B and C shall, upon the request of cargo owners, pay the amount equivalent to approximately 20% of the actual amount of oil oil at each time by using the oil purchase card (the continuous “UP settlement”) and then refund the balance calculated by subtracting an amount equivalent to approximately 1.5% of the card fee from the difference, or return the amount calculated by deducting an amount equivalent to approximately 20% of the card fee from the difference. ② A makes a false settlement of the amount equivalent to approximately 20% of the total amount of oil paid at each time by using the oil purchase card (the continuous settlement) and then deducts approximately 1.5% of the card fee from the false settlement amount, or return from the cargo owner the remainder.