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(영문) 대전지방법원 2018.02.09 2015고정1855
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a transportation business operator operating freight vehicles of C9.5 tons, and D is a business operator operating a oil station of E.

D The trucking transport business operator who has obtained a trucking transport business license was paid KRW 345 per liter (L) of the amount of the freight trucking oil card held by the owner of the oil, as a subsidy from the national budget. When the details approved by the trucking business operator are sent to the Ministry of Land, Transport and Maritime Affairs electronically, the trucking transport business operator knew that the oil subsidy was deposited in the relevant card company according to the amount of approval and that the actual amount of the oil flow cannot be confirmed by the Ministry of Land, Transport

After approving the amount of money being paid to D and paid to the Defendant, the Defendant conspireded to obtain the subsidies by deception, and then obtained the amount of oil subsidies from April 1, 2014 to December 28, 201, by obtaining the payment of KRW 4,112,691 through 74 times, from April 1, 2014 to December 28, 201.

Summary of Evidence

1. Partial statement of the defendant (as at the 11th public trial date);

1. Legal statement of witness F;

1. If the Ministry of Land, Infrastructure and Transport, E, and E, comparative data [in the case of the exercise of rights by means of deception, the act belonging to the exercise of rights and the deception belonging to the said means are comprehensively observed, and such deception is not acceptable as a means of exercising rights under the social norms, the act belonging to the exercise of rights constitutes fraud, and even if there are grounds for receiving subsidies, if there are grounds for receiving subsidies, it is reasonable to deem that fraud is established against the total amount of the subsidies received if excessive subsidies are paid, such as the method of obtaining approval by the intention to obtain a large amount of subsidies exceeding the subsidies actually receivable by means of the realization of the subsidies.

According to the records, in the case of prosecution of this case, the difference between the amount of the subsidy that the defendant can receive from the entire subsidy received shall be the amount of actual damage.

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