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(영문) 대구지방법원 2017.10.19 2017고단4200 (1)
석유및석유대체연료사업법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a cargo driver who operates a cargo vehicle B 14 tons.

If light oil is paid by a system that provides a driver of a business vehicle using light oil as fuel with a subsidy for part of the monthly fuel expenses to the competent local government, light oil is paid by a welfare card registered with the vehicle number, and the monthly subsidy is paid to the card company by the local government. Thus, the freight driver welfare card must be paid only when light oil is paid as fuel for the vehicle.

Nevertheless, the Defendant, who is the owner of a commercial truck, had actually oil, thought that he would receive a subsidy by paying the oil price using the above cargo driver's welfare card, as if he had been able to pay the oil price.

On March 2, 2015, the Defendant got paid KRW 9,698,425 won in total under the name of the Defendant by deceiving a person in charge of the subsidies from the local government of the victim to November 29, 200:32 of the same year by deceiving the person in charge of the subsidies, as seen above, in the manner of settling the amount equivalent to KRW 279,40 with the freight driver’s welfare card (national card) in the name of the Defendant, as if he/she had oiled to the above cargo vehicles via the above C and paid via the transit. In addition, the Defendant received KRW 79,198 as a subsidy by deceiving the person in charge of the subsidies, from November 29, 200:32 of the same year by deceiving the person in charge of the subsidies from the local government of the victim to receive KRW 153 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

1. Each police statement made to D or E;

1. A written statement of F and G;

1. A cargo driver’s welfare card photograph, card image, mobile card photograph photograph, account book, passbook transaction record, suspect’s text message photograph, H H’s representative, etc., and I’s representative, etc.

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