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(영문) 대구지방법원 2014.10.22 2014고정835

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The term "oil subsidy" means a subsidy for truck fuel tax interlocking all or part of the increase in the oil tax due to the restructuring of energy tax in 2001 [Article 4 subparagraph 1 of the Regulations on the Management of Truck Fuel Subsidies (Enforcement of the Regulations on the Management of the Ministry of Land, Infrastructure and Transport (No. 2013-310, June 7, 2013), and Article 4 subparagraph 1 of the same Act]. If a cargo borrower makes payment by using the oil purchase card, the credit card agreement withdraws the amount excluding fuel subsidy (e.g., transit 345.54/liter) from the account of the truck owner on the date of settlement of the card price, the credit card agreement shall request the amount of fuel subsidy paid to the truck owner to the fuel subsidy management system of the competent authority, and the competent authority shall pay the amount of fuel subsidy to the credit card company if it is found that there is no error

From March 20, 2012 to August 16, 2013, the Defendant received a fuel subsidy of KRW 5,283,589,00 from D gas stations located in Daegu Northern-gu, Daegu-gu, by means of not paying actual oil to the freight vehicles for business of 14 tons operated by the Defendant, and by obtaining a false sales slips as if they were with limited liability, allowing the card company to request fuel subsidy to the competent authority of the said cargo, and allowing the competent authority that did not know the fact to pay the fuel subsidy of KRW 5,283,589, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (the details of external transactions and copies of the advance payment), details of credit transactions, and copies of the advance payment details;

1. A copy of a transaction document;

1. Application of the Acts and subordinate statutes on investigation reports (to reply to data submitted by the competent Gu office related to fuel subsidies) and response data;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (generality of fines and choice of fines);

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