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(영문) 부산지방법원 2015.11.25 2015고단6526
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the borrower of B-business truck, the Defendant is authorized to claim and receive the fuel subsidy for the trucking vehicles from the local government with which the vehicle is registered, and in order to receive the fuel subsidy, the Defendant shall directly receive the kind of oil that conforms to the fuel of the vehicle on the vehicle at the fixed facility of the gas station or the private oil station, and shall not purchase or purchase any oil that moves and sells at a place other than the gas station at which the source cannot be known.

Nevertheless, on February 2, 2014, the Defendant: (a) operated a tank glass vehicle and sold petroleum to cargo borrowers; and (b) conspired with C to receive fuel subsidies by deceiving local governments by pretending that they purchased normal oil at a fixed facility of the gas station or private oil station owned by the said C, by settling the price with the credit card terminal of the oil station owned by the said C, which is the credit card merchant of the said C.

The Defendant: (a) around February 26, 2014, at the port container site in Busan Nam-gu, Busan, the Defendant: (b) left the oil 339 liters, which was the sum of KRW 568,00,000 per liters of KRW 20 per liters through the mobile tank-type tank oil vehicle in Busan; and (c) delivered the freight driver welfare card (KB cardD) to the above C; (d) let the said C settle the payment with the credit card terminal in the name of the “F station” located in Ulsan-gun, Ulsan-gun; (e) around that time, the Defendant believed the Defendant to have purchased the oil normally through the above station, and (e) received the oil subsidy of KRW 117,173,00 per liters of KRW 345 per liters of per liters of the victim’s day from around February 13, 2016 to around February 13, 2014; and (e) around that time, from around December 19, 2015.

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