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(영문) 부산지방법원 2017.11.28 2015고단8770

사기등

Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

Defendant

A is a cargo shipping agent, and Defendant B is a petroleum retailer operating a G gas station in Yangsan City F.

No person shall manufacture, import, store, transport, store or sell fake petroleum products.

1. Defendant A

A. The Defendant used petroleum products purchased from B in violation of the Petroleum and Petroleum Substitute Fuel Business Act (1) in mind to manufacture fake petroleum products by mixing them with light oil and light oil. On February 2, 2012, the Defendant purchased approximately 20,000 liters and oil equivalent to light oil with tank glass from B and manufactured fake petroleum products by mixing them with light oil at the rate of 8:2% from the beginning of March 2015 from that time, after purchasing approximately 20,000 liters and oil equivalent to light oil with tank glass, and then mixing them with light oil with light oil at the rate of 8:2% from that time to that of March 2015.

2) On March 19, 2015, the Defendant, using petroleum products purchased from I, had the intent to manufacture fake petroleum products by mixing them with the transit oil for vessels, purchased approximately 1,000 litress for vessels from I, a cargo driver, who is a cargo vehicle driver at the port of Busan, Busan, using tank glass, and manufactured fake petroleum products by mixing the transit oil for vessels with oil for vessels at the rate of 1:1, and at the same place on the 29th day of the same month, manufactured fake petroleum products by mixing 2,00 litress for vessels with oil for vessels at the same rate.

B. Around October 1, 2014, the Defendant settled KRW 589,519 under the name of a gas station for cargo vehicles owned by the Defendant using the Defendant’s check card for subsidies, and filed a claim for refund of KRW 128,195 of the subsidies with the person in charge of the name of a gas station located in Busan Metropolitan City, Busan Metropolitan City.

However, the Defendant did not have received transits from G gas stations, such as the above card settlement details.

The defendant.