특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 1, 2, 5 through 8 shall be confiscated, respectively.
Punishment of the crime
[criminal power] On May 26, 2006, the defendant was sentenced to one year of suspended execution for six months of imprisonment with prison labor for the High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Proof, etc.) and the judgment was finalized on August 19, 2006.
【Criminal Facts】
The defendant is a person who operates 8 gas stations and oil retail stores, such as E-gas stations in Pakistan.
In the country, the country provides a farmer with oil necessary for farming with the special taxation system, and supplies it to the farmer at the price exempted from traffic tax, value-added tax, etc. (hereinafter referred to as “tax exemption”). The Defendant intended to abuse the tax-free oil supply system to prevent the loss of gas stations by returning the tax imposed on the quantity of tax-free diesel supplied to the farmer through the settlement process with the tax authority in the case that the gas station handling the tax-free oil provides the farmer with the transit once, and then submits the certificate of supply of the tax-free petroleum confirmed by the agricultural cooperative belonging to the relevant farmer to the oil refinery.
The Defendant, along with F, from January 1, 2005 to December 31, 201 of the same year, issued sales slips by paying the sales slips as if H, a farmer cultivating flowers, etc. in Incheon Gyeyang-gu G, purchased tax-free diesel oil using the tax-free diesel purchase card issued by agricultural cooperatives from the above Eriju station from around January 1, 2005 to December 31, 200, and supplied the above H with 460 won per liter by calculating tax-free diesel transit by 460 won per liter.
In fact, even though the Defendant did not supply the above H with 62,00 liters of duty-free transit, the Defendant issued a certificate of tax-free petroleum supply in the name of the head of the relevant agricultural cooperative, as if the Defendant supplied the above amount of tax-free transit to the said Ew stations, as if he supplied the above amount of tax-free transit.
The Defendant is a victim who is a trading oil refining company with a certificate of tax-free petroleum supply issued as above.