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(영문) 수원지방법원 평택지원 2016.03.25 2015고단1554

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 2015, the Defendant operated the pertinent gas station as the representative of “D gas station” in Pyeongtaek-si C (one year of imprisonment on September 3, 2015, a two-year suspended sentence, and a final decision) and took charge of sales settlement, etc. while operating the gas station.

In order to receive the “oil-free subsidy” to the maximum extent possible, the Defendant paid a false amount exceeding the amount of the oil purchase card, even if the actual amount of the oil-free subsidy is low, and then offered a proposal to demand refund in cash equivalent to the difference between the actual amount of the oil purchase card and the actual amount of the limited amount of the oil-free subsidy, in order to provide a portion of the increase in the oil tax to a truck borrower for business in a local government.

The defendant accepted the above proposal with the aim of attracting large-scale cargo vehicles to customers and obtaining large-amount sales proceeds by being aware that the above cargo is unlawfully paid to the borrower, even though the borrower knew that the borrower would receive the large-amount amount of oil supply, in the event that the borrower would settle a false amount different from the actual amount of oil supply.

2. Around January 29, 2015, the Defendant, along with the borrower G of the foregoing E and F Freight, prepared a credit card sales slips by settling the amount of KRW 353,000 with the freight truck purchase card in excess of the market price of KRW 353,00 and immediately returning the difference between the actual sales price and KRW 353,00,00 to G, and around that time, he had the victim watch members who believe that G would actually have limited the amount of KRW 353,00,00, paid KRW 102,069 as a full subsidy.

In addition, the Defendant, along with the foregoing E and the foregoing G, from January 11, 2015 to April 27, 2015, as described in the list of crimes in the attached Form, as described above, from January 11, 2015 to April 27, 2015.