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(영문) 인천지방법원 2017.11.30 2017고단3651
사기
Text

A defendant shall be punished by imprisonment for four months.

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

The Defendant is a petroleum retailer operating a gas station located in Seo-gu Incheon, Seo-gu D.

Defendant 1: (a) purchased a truck’s welfare card from the shipper or truck driver of the cargo or the truck driver being milked at the above station; (b) provided the truck’s fuel with a small amount of oil less than the settlement amount, and (c) provided the borrower’s vehicle with a chophone or an element for inserting gasoline on the vehicle of the borrower, but the remaining difference amount was equal to the remainder, the truck paid the truck by paying the amount of chophone or element as if the amount of the truck is larger than the actual main flow, and then applied for the payment of the subsidy, and then raised the sales of the gas station, and the truck driver of the truck or the truck driver of the truck conspiredd with F, the truck owner, etc. with the payment of the subsidy in excess of the actual volume.

On June 13, 2016, as the Defendant recruited, at the oil station of the above E E, the Defendant collected the oil welfare card from F, the shipper of the cargo, and paid KRW 300,000 to F, as if he had a limited liability, as F, the amount of KRW 126.71 L to the cargo vehicle (G) entitled to the subsidy.

However, in fact, since the defendant's share the above cargo amounting to 101.027L, the amount equivalent to 25.683L was unreshed, and the difference amounting to 50,000 won was paid to F's personal car around that time.

As above, the Defendant, as well as from July 11, 2013 to June 13, 2016, caused only the transaction details of the subsidy welfare card without actual oil transaction from July 1, 2013 to pay the difference to the coophone and made it possible to put gasoline into the coophone and to pay the difference into the coophone, the method of trading the coophone, the number of elements not subject to the subsidy, and the method of settling the payment on credit in the previous month.

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