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(영문) 수원지방법원 여주지원 2013.11.11 2013고정447

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a truck driver B, and C is a person who operates the E station in E-Si, Leecheon-si, and F is an employee in charge of the above gas station, and the Defendant is a cargo driver's welfare card for subsidization of fuel expenses granted by the local government. On the basis of the fact that the Defendant has a cargo driver's welfare card for subsidization of fuel expenses granted by the local government, the Defendant conspired to receive the fuel expense subsidy by receiving the Defendant by means of receiving 20% of the fraudulent amount from C and F under the pretext of the fee if the Defendant makes a false payment without paying or paying it with the above welfare card.

On July 2, 2011, the Defendant paid the paid amount of KRW 160,100 via the above welfare card, as if he did not own the above B freight, and paid the paid amount of KRW 160,100 via the above welfare card, and had the victim, Nam-gu Incheon Metropolitan Government Office pay KRW 33,497 as a credit card company with a subsidy of KRW 160,100 for the difference of the above payment. The Defendant acquired a property profit equivalent to the above amount by avoiding the credit card payment liability from that time to April 27, 2013, and acquired property profit equivalent to the above amount of KRW 2,329,166 by the same method on 99 occasions, as shown in the list of crimes (3) in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against C or F;

1. Investigation report (unit price for annual oil tax and fuel subsidy);

1. A copy of oil purchase card (Korean card) (26 pages of investigation records);

1. Application of Acts and subordinate statutes on a copy of motor vehicle registration certificate;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment (generally, referring to the selection of fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;